Data Protection, Privacy and Identity: Distinguishing Concepts and Articulating Rights

Andrade, Norberto Nuno Gomes de

doi:10.1007/978-3-642-20769-3_8

Cited by 10 publications

(9 citation statements)

References 10 publications

(5 reference statements)

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“…Having said that, we find it interesting that at the light of existing EU regulation the Puddick's court case were not treated as a privacy matter for two reasons. First, if someone's identity is falsified or an erroneous public image of his/her personality is conveyed to others, we have a case for identity infringement (Andrade, 2011) -Mr. Puddick had created a false identity in LinkedIn to connect to Mr. Hayne's acquaintances and further defame him. Andrade and other authors argue that privacy is infringed "if true private facts related to a person are revealed to the public".…”

Section: Discussion: Privacy Concerns In the Two Casesmentioning

confidence: 99%

“…A myriad of authors (e.g. De Hert and Gutwirth, 2006;Poullet, 2010;Andrade, 2011) have devoted a great deal of attention to study current provisions of European Union (EU) law on privacy matters. We found through two recent cases of social media usage that many privacy functions and properties are neither contemplated in the law nor even articulated in the normative discourses that permeate society, namely those echoed by news media.…”

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confidence: 99%

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Interrogating Privacy in the digital society: media narratives after 2 cases

Rizza¹,

Curvelo²,

Crespo³

et al. 2011

irie

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The introduction of information technology (IT) in the society and its pervasiveness in every aspect of citizens’ daily life highlight societal stakes related to the goals regarding the uses IT, such as social networks. This paper examines two cases that lack a straightforward link with privacy as addressed and protected by existing law in Europe (EU) and the United-States (USA), but whose characteristics, we believe fall on other privacy function and properties. In Western societies, individuals rely on normative discourses, such as the legal one, in order to ensure protection. Hence, the paper argues that other functions of privacy need either further framing into legislation or they need to constitute in themselves normative commitments of an ethical nature for technology development and use. Some initiatives at the EU level recall such commitments, namely by developing a normative discourse based on ethics and human values. We argue that we need to interrogate society about those normative discourses because the values we once cherished in a non-digital society are seriously being questioned.

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Section: Discussion: Privacy Concerns In the Two Casesmentioning

confidence: 99%

mentioning

confidence: 99%

Interrogating Privacy in the digital society: media narratives after 2 cases

Rizza¹,

Curvelo²,

Crespo³

et al. 2011

irie

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show abstract

“…Personal data is any information relating to an individual who can be identified, either directly or indirectly, from that data (or from that data in combination with other data) (GDPR Art. 4 (1)). Personal data may include not only names, addresses, ID numbers, and so on, but also potentially device IDs, IP addresses (dynamic or static), online identifiers, and a range of other data relating to the specific characteristics of the individual.…”

Section: Gdpr: Rights and Obligationsmentioning

confidence: 99%

“…In relation to subject access and portability requests, they must provide information without undue delay and in a concise, transparent, intelligible and easily accessible form (Art. 12 (1)). This can be done in writing or electronically.…”

Section: B Obligations Imposed: Rights and Securitymentioning

confidence: 99%

The Security Implications of Data Subject Rights

Singh

Cobbe

2019

SSRN Journal

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“…9. For a more detailed explanation of the difference and articulation between the rights to data protection, privacy and identity, see Andrade, 2011. 10.…”

Section: Data Protection -Privacy -Identitymentioning

confidence: 99%

Oblivion: The Right to be Different … from Oneself: Re-Proposing the Right to be Forgotten

Andrade¹

2014

The Ethics of Memory in a Digital Age

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This article proposes a new conceptualization of the right to be forgotten, arguing in favour of its theoretical construction and concrete application under the umbrella of the right to identity. Following this perspective, I intend to shed new light on the right to be forgotten, contributing to a more developed conceptualization and enforceability while clarifying its scope of application. Based on the distinction between the right to identity and that of privacy, the paper presents the advantages of associating the right to be forgotten with the right to identity. Through this identity-oriented conceptualization, I claim that the right to be forgotten should also be applied to user-generated content and information processed for personal purposes, overriding the 'household exemption' established in the European Data Protection Directive. I also argue that the right to oblivion, framed as part of the right to personal identity, should address public facts and information, providing a stronger rationale and justification to attain a better and fairer balance with the competing right to freedom of information. The article then comments on the most relevant conflicts that the right to be forgotten will have to address vis-à-vis the freedom of expression and the need to preserve social memory. As a branch of the right to identity, the right to be forgotten is presented as the right to be different, not from others but from oneself, i.e. from the one(s) we were before. The right to be forgotten also underlines the process of identity creation as not only constructive but also de-constructive.

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Data Protection, Privacy and Identity: Distinguishing Concepts and Articulating Rights

Cited by 10 publications

References 10 publications

Interrogating Privacy in the digital society: media narratives after 2 cases

Interrogating Privacy in the digital society: media narratives after 2 cases

The Security Implications of Data Subject Rights

Oblivion: The Right to be Different … from Oneself: Re-Proposing the Right to be Forgotten

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