TY  - JOUR
A1  - Sloot, Bart van der
A2  - Tronnier, Frédéric
T1  - The quality of life: protecting non-personal interests and non-personal data in the age of big data
T2  - European review of private law = Revue européenne de droit privé = Europäische Zeitschrift für Privatrecht
N2  - Under the current legal paradigm, the rights to privacy and data protection provide natural persons with subjective rights to protect their private interests, such as related to human dignity, individual autonomy and personal freedom. In principle, when data processing is based on non-personal or aggregated data or when such data pro- cesses have an impact on societal, rather than individual interests, citizens cannot rely on these rights. Although this legal paradigm has worked well for decades, it is increasingly put under pressure because Big Data processes are typically based indis- criminate rather than targeted data collection, because the high volumes of data are processed on an aggregated rather than a personal level and because the policies and decisions based on the statistical correlations found through algorithmic analytics are mostly addressed at large groups or society as a whole rather than specific individuals. This means that large parts of the data-driven environment are currently left unregu- lated and that individuals are often unable to rely on their fundamental rights when addressing the more systemic effects of Big Data processes. This article will discuss how this tension might be relieved by turning to the notion ‘quality of life’, which has the potential of becoming the new standard for the European Court of Human Rights (ECtHR) when dealing with privacy related cases.
Y1  - 2021
UR  - http://publikationen.ub.uni-frankfurt.de/frontdoor/index/index/docId/64579
UR  - https://nbn-resolving.org/urn:nbn:de:hebis:30:3-645793
UR  - https://kluwerlawonline.com/journalarticle/European+Review+of+Private+Law/29.5/ERPL2021040
SN  - 1875-8371
N1  - This work was supported by PANELFIT, which has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 788039.
N1  - This article was first published in the EUROPEAN REVIEW OF PRIVATE LAW (Vol.29, Nr. 5-2021, [757-784], 2021 Ⓒ Kluwer Law International BV, The Netherlands).
VL  - 29
IS  - 5
SP  - 757
EP  - 784
PB  - Kluwer
CY  - Dordrecht
ER  -