Accountability and system responsibility: New concepts in data protection law and human rights law

Abstract

The principle of accountability is one of the features of current reform proposals of the EU Data Protection Regime and it is called upon to enhance the current responsibilities of data controllers. This contribution will first look at a possible definition of the principle, then turn to its application in the area of data protection law, and finally turn to European human rights law. In data protection law the principle of accountability is available to complement existing regulatory policies with the aim of making organisations more actively responsible for their information practices. There is far from universal agreement that the principle itself should be reformed. Some have questioned the integrity of some of the accountability pleas and regard them as new arguments by those that advocate self-regulation of firms so as to avoid being caught by binding regulation.