The Golden Age of Personal Data: How to Regulate an Enabling Fundamental Right?
Abstract
New technologies, purposes and applications to process individuals’ personal data are being developed on a massive scale. But we have not only entered the ‘golden age of personal data’ in terms of its exploitation: ours is also the ‘golden age of personal data’ in terms of regulation of its use. Understood as an enabling right, the architecture of EU data protection law is capable of protecting against many of the negative short- and long-term effects of contemporary data processing. Against the backdrop of big data applications, we evaluate how the implementation of privacy and data protection rules protect against the short- and long-term effects of contemporary data processing. We conclude that from the perspective of protecting individual fundamental rights and freedoms, it would be worthwhile to explore alternative (legal) approaches instead of relying on EU data protection law alone to cope with contemporary data processing.
automated decision making, Big data, Data protection, frontpage, General Data Protection Regulation, Privacy, profiling
Bibtex
Chapter{Oostveen2018,
title = {The Golden Age of Personal Data: How to Regulate an Enabling Fundamental Right?},
author = {Oostveen, M. and Irion, K.},
url = {https://link.springer.com/chapter/10.1007/978-3-662-57646-5_2},
year = {1120},
date = {2018-11-20},
abstract = {New technologies, purposes and applications to process individuals’ personal data are being developed on a massive scale. But we have not only entered the ‘golden age of personal data’ in terms of its exploitation: ours is also the ‘golden age of personal data’ in terms of regulation of its use. Understood as an enabling right, the architecture of EU data protection law is capable of protecting against many of the negative short- and long-term effects of contemporary data processing. Against the backdrop of big data applications, we evaluate how the implementation of privacy and data protection rules protect against the short- and long-term effects of contemporary data processing. We conclude that from the perspective of protecting individual fundamental rights and freedoms, it would be worthwhile to explore alternative (legal) approaches instead of relying on EU data protection law alone to cope with contemporary data processing.},
keywords = {automated decision making, Big data, Data protection, frontpage, General Data Protection Regulation, Privacy, profiling},
}