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Legal Logic and Institutional Construction of Personal Information Protection in the Digital Age

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  • Thorne, Alistair R.
  • Sterling, Marcus

Abstract

This review paper explores the intersection of legal logic and institutional construction in the context of personal information protection in the digital age. The digital revolution has led to unprecedented collection, storage, and processing of personal data, raising significant privacy concerns. We analyze how legal logic, encompassing principles of interpretation, reasoning, and argumentation, shapes the design and enforcement of data protection laws. The paper then examines the institutional frameworks responsible for overseeing and implementing these laws, focusing on their effectiveness in safeguarding individual rights and promoting responsible data governance. We trace the historical development of legal approaches to privacy, from early common law protections to modern statutory frameworks like GDPR and CCPA. Core themes explored include the application of legal logic in defining key concepts such as 'personal data,' 'consent,' and 'legitimate interest,' and the challenges in adapting these concepts to evolving technologies. Furthermore, we investigate the role of institutions, including data protection authorities, courts, and regulatory bodies, in ensuring compliance and resolving disputes. A comparative analysis of different jurisdictions highlights the strengths and weaknesses of various legal and institutional models. Finally, the paper identifies emerging challenges, such as the rise of AI and big data, and proposes future directions for legal and institutional innovation to enhance personal information protection. This review synthesizes existing literature from law, computer science, and social science to provide a comprehensive understanding of the legal and institutional dimensions of personal information protection in the digital age.

Suggested Citation

  • Thorne, Alistair R. & Sterling, Marcus, 2026. "Legal Logic and Institutional Construction of Personal Information Protection in the Digital Age," International Journal of Law, Policy & Society, Pinnacle Academic Press, vol. 2(1), pages 13-21.
  • Handle: RePEc:dba:ijlpsa:v:2:y:2026:i:1:p:13-21
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