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  • Print publication year: 2019
  • Online publication date: June 2019

Chapter 3 - Typology of Solutions




1250. PREFACE – Over the past decade, a number of solutions have been put forward to remedy the issues that surround the application of the controllerprocessor model. The aim of this Chapter is to introduce and discuss the proposed solutions in light of the issues identified in the previous chapter. Where appropriate, additional solutions, not previously put forward, will be discussed as well.

1251. CATEGORISATION – In order to facilitate the comparison of possible solutions in relation to the issues identified in Chapter 2, the solutions will be categorized in the same manner as the typology issues presented in the previous chapter:

  • Grammatical solutions: proposals that involve changing the words chosen to define the concepts of controller and processor;
  • Teleological solutions: proposals that present alternative ways in which the policy objectives underlying the controller and processor concepts might be realized;
  • Systemic solutions: proposals that involve modifying the implications associated with the concepts of controller and processor;
  • Historical solutions: proposals that seek to confine the scope of application of the controller and processor concepts to actors and situations envisaged by the legislature.
  • 1252. INTERDEPENDENCIES – While maintaining the categorisation above promotes consistency in presentation, it is obvious that a proposed solution might seek to address multiple issues. It is equally possible that a solution seeking to address one issue may indirectly ameliorate or exacerbate other issues, without deliberately seeking to do so. With this in mind, the potential solutions will be categorized according to the type of issue that is the focal point of the proposed solution. Where interdependencies exist, the discussion of each solution will involve an assessment of whether the solution is likely to improve or aggravate other issues.

    1253. METHODOLOGY – The solutions analysed in this Chapter have been sourced from literature concerning the application controller and processor concepts, as well as from the stakeholder responses and legislative proposals put forward in the context of the review of Directive 95/46 and run-up to the GDPR. Not every issue identified in Chapter 2, however, has been explicitly addressed by scholars or stakeholders. Where no remedy has been put forward, possible solutions will be developed in light of the lessons learned from historicalcomparative analysis and by drawing inspirations from approaches adopted by other national and international privacy frameworks.