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Author
B. van der Sloot
Year
2015
Title
How to assess privacy violations in the age of Big Data? Analysing the three different tests developed by the ECtHR and adding for a fourth one
Journal
Information & Communications Technology Law
Volume | Issue number
24 | 1
Pages (from-to)
74-103
Document type
Article
Faculty
Faculty of Law (FdR)
Abstract
It is commonly believed that privacy cases are resolved by balancing the private interest (e.g. personal autonomy) and the common interest (e.g. national security) involved with a particular privacy violation. Clearly, this approach no longer holds in the age of Big Data, in which massive amounts of personal data are gathered without a pre-established goal. Not only is the balancing test inapplicable because it is often unclear how certain data gathering and processing initiatives improve the societal interest, but it is also hard to demonstrate whether and if so how an individual has suffered from such massive data processing systems. Besides the balancing test, however, the European Court of Human Rights (ECtHR) applies two other tests when dealing with privacy issues. Both have an added value when applied to privacy violations following from Big Data processes. Still, if Article 8 of the European Convention on Human Rights (ECHR) is to retain its significance in the new technological environment, it might be necessary to develop a new test, the rudiments of which might already be found in the Court's case law.
URL
go to publisher's site
Language
English
Permalink
http://hdl.handle.net/11245/1.504051

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