Privacy for the Homo Digitalis in the Era of Big Data and IoT: Purpose Limitation or Legitimate Interest? That is the Question!

Computers, Privacy & Data Protection (CPDP) 2017: The Age of Intelligent Machines

01/25/2017 04:00 p.m. - 05:15 p.m.

Privacy + Data Security

Les Halles de Schaerbeek
Rue Royale-Sainte-Marie 22
Brussels, Belgium 1030

Lokke Moerel

Lokke Moerel

Speaking Engagement

Innovations in data processing as a result of developments such as Big Data and the Internet of Things undermine the effectiveness and legitimacy of the current as well as upcoming EU data protection regime. Due to social trends and technological developments, it is suggested that the principle of purpose limitation should be abandoned as a separate criterion. Instead, there can be a single test: whether there is a legitimate interest for the whole life cycle of personal data processing (collection, use, further use and destruction of data). Such a test could provide for a more effective data protection regime that will have more legitimacy than the assessment under the existing legal regime that is primarily based on the purposes for which data may be collected and further used. The discussion will revolve around the following questions:

  • Which are the specific challenges big data pose to the right to personal data and privacy?
  • Are the data processing principles still relevant?
  • Could the focus be on a legitimate interest of the controller?
  • What are the limitations and benefits of this approach?

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