Privacy for the Homo Digitalis: Proposal for a New Regulatory Framework for Data Protection in the Light of Big Data and the Internet of Things

Prins, Corien; Moerel, Lokke

doi:10.2139/ssrn.2784123

Cited by 42 publications

(12 citation statements)

References 49 publications

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“…The data controller's legitimate interests have received considerable attention even in the pre-GDPR era with regards to big data. In their premise, Moerel and Prins (2016) advocate for the substitution of the purpose limitation principle -and of all its issues within the big data environment -with that of legitimate interests. The proposal has received criticism in its conflation of legitimate interests and legitimate purposes (Ausloos, 2018;Kamara & de Hert, 2018).…”

Section: Lawful Grounds For Personal Data Processingmentioning

confidence: 99%

Algorithmic systems: the consent is in the detail?

Γιαννοπούλου¹

2020

Internet Policy Review

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Applications of algorithmically informed decisions are becoming entrenched in society, with data processing being their main process and ingredient. While these applications are progressively gaining momentum, established data protection and privacy rules have struggled to incorporate the particularities of data-intensive information societies. Consequently, there is a misalignment created between algorithmic processing of personal data and the corresponding regulatory frameworks since they both strive for meaningful control over personal data.However, the challenges to the traditional role and the concept of consent are particularly manifest. This article examines the transformation of consent in order to assess how the concept in itself as well as the applied models of consent can be reconciled to correspond not only to current data protection normative frameworks but also to algorithmic processing technologies. This particularly pressing area of safeguarding a fundamental aspect of individual control over personal data in the algorithmic era is interlinked with practical implementations of consent in the technology used. Moreover, it relates to adopted interpretations of the concept of consent, to the scope of application of personal data, as well as to the obligations enshrined in them. What makes consent efficient as a data protection tool? Can its previous glory be maintained within the current techno-legal challenges?

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Section: Lawful Grounds For Personal Data Processingmentioning

confidence: 99%

Algorithmic systems: the consent is in the detail?

Γιαννοπούλου¹

2020

Internet Policy Review

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“…19 Culnan and Bruening [16]. 20 Pasquale [41], Diakopoulos [18], Moerel and Prins [38] and Kuner et al [34]. 21 Recital 32 GDPR.…”

Section: Author's Personal Copymentioning

confidence: 99%

“…36 Special relevance acquires the reasonable expectations of the data subject 37 which may be different depending on the relationship between the controller and the individual. 38 For instance, a person that is already a customer of a Chinese food restaurant (and therefore has a prior relationship with the controller), would reasonably expect the restaurant to keep his or her name and home address for future delivery orders.…”

Section: The 3 Steps: What Is a Legitimate Interest When Is There Nementioning

confidence: 99%

Understanding the legal provisions that allow processing and profiling of personal data—an analysis of GDPR provisions and principles

González

Hert

2019

ERA Forum

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“…Informed consent online is hardly possible due to complex and ubiquitous data collection practises that do not yield to comprehensible privacy policies for service users. 193 In this sense, consent is often a result of a limited understanding of data collection consequences, as users do not actually read long and intricate privacy notices. Privacy policies, for children in particular, are long, complex, difficult to find 194 and easily confusing in their discourse (valorising 'sharing' and 'control', despite the extensive collection of children's data).…”

Section: Overreliance On (Parental) Consent and The Need To Shift Promentioning

confidence: 99%

Consent for processing children’s personal data in the EU: following in US footsteps?

Mačėnaitė

Kosta

2017

Information & Communications Technology Law

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With the recent adoption of the General Data Protection Regulation (GDPR), the European Union (EU) assigned a prominent role to parental consent in order to protect the personal data of minors online. For the first time, the GDPR requires parental consent before information society service providers can process the personal data of children under 16 years of age. This provision is new for Europe and faces many interpretation and implementation challenges, but not for the US, which adopted detailed rules for the operators that collect personal information from children under the Children's Online Privacy Protection Act (COPPA) almost two decades ago. The article critically assesses the provisions of the GDPR related to the consent of minors, and makes a comparative analysis with the requirements stipulated in the COPPA in order to identify pitfalls and lessons to be learnt before the new rules in the EU become applicable.

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Privacy for the Homo Digitalis: Proposal for a New Regulatory Framework for Data Protection in the Light of Big Data and the Internet of Things

Cited by 42 publications

References 49 publications

Algorithmic systems: the consent is in the detail?

Algorithmic systems: the consent is in the detail?

Understanding the legal provisions that allow processing and profiling of personal data—an analysis of GDPR provisions and principles

Consent for processing children’s personal data in the EU: following in US footsteps?

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