Boundaries of Data

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This book examines how legal systems categorize data—from unregulated non-personal data to highly protected sensitive personal information—and the challenges technology poses to these distinctions. The legal domain distinguishes between different types of data and attaches a different level of protection to each of them. Thus, non-personal data are left largely unregulated, while privacy and data protection rules apply to personal data or personal information. There are stricter rules for processing sensitive personal data than for ‘ordinary’ personal data, and metadata or communications data are regulated differently than content communications data. Technological developments challenge these legal categorisations on at least three fronts: First, the lines between the categories are becoming harder to draw and more fluid. Second, working with various categories of data works well when the category a datum or dataset falls into is relatively stable. However, this is less and less so. Third, scholars increasingly question the rationale behind the various legal categorisations. This book assesses to what extent either of these strategies is feasible and to what extent alternative approaches could be developed by combining insights from three fields: technology, practice and law.

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Chapter 1 Introduction, Chapter 2 - Object Re-identification: Problems, Algorithms, and Responsible Research Practice, Chapter 3: The Quantum Threat to Cybersecurity and Privacy, Chapter 4 - Realistic Face Anonymisation, Chapter 5 Use of bulk data by intelligence and security services: caught between a rock and a hard place?, Chapter 6 Farm Data Sharing: current practices and principles, Chapter 7 Microdata access at Statistics Netherlands, Chapter 8 Atmospheric profiling and surveillance in the Stratumseind Living Lab: pushing the limits of identifiability, Chapter 9 - Data used in governmental automated decision-making & profiling: towards more practical protection, 10. Data: a very short introduction to the EU galaxy and to five potential paths forward, 11. The regulation of access to personal and non-personal data in the EU: from bits and pieces to a system?, Chapter 12: Regulating 'non-personal data': Developments in India, Chapter 13 Data Protection Without Data: Informationless chilling effects and data protection law, Chapter 14 Identity, Profiles and Pseudonyms in the Digital Environment, Chapter 15 Biometric Data, Within And Beyond Data Protection, Chapter 16, Conclusions.