If Personal Information is Privacy's Gatekeeper, then Risk of Harm is the Key: A Proposed Method for Determining What Counts as Personal Information

Gratton, Éloïse

doi:10.2139/ssrn.2334938

Cited by 2 publications

(1 citation statement)

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“…Gratton, 138 Cate 139 and Calo 140 offer alternative views based on the identification of an objective risk of harm. The authors argue that to establish that information is personal, it is useful to query the nature of harmful consequences arising from the use of such information.…”

Section: B the Context Of Harmmentioning

confidence: 99%

Next generation privacy

Omotubora

Basu

2020

Information & Communications Technology Law

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In recent years, research within and outside the European Union (EU) has focused on the expanding scope of personal data. The analysis provided has primarily supported the conclusions that in time, personal data will become so ubiquitous that the EU data protection law would become meaningless, unreasonable, or even discredited and ignored. Notwithstanding these criticisms, EU law is promoted as the 'gold standard' for data protection laws and the law, including its definition of personal data, is being rapidly adopted by many non-EU countries. The objective of this article is to analyse the concept of personal data under EU law and to explore its continued relevance within a data protection framework that is rapidly globalised and in which technology is continuously evolving. The article argues that far from reflecting a universal notion of data protection, the EU law and particularly its definition of personal data reflects a perception of privacy that is peculiarly European. It further argues that recent developments in technology call for a re-examination of the concept of personal data and a more critical approach by countries with nascent data protection regimes. The article proposes the 'objective risk of contextual harm' as a new approach for formulating an alternative definition of personal data. It concludes that this approach better articulates the construction of data protection as a social good and a mechanism for (consumer) protection.

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Section: B the Context Of Harmmentioning

confidence: 99%