Digital Personae and Profiles in Law: Protecting Individuals' Rights in Online Contexts

312 Pages Posted: 22 Aug 2013

See all articles by Arnold Roosendaal

Arnold Roosendaal

TNO Information and Communication Technology in Delft

Date Written: August 21, 2013

Abstract

Every individual is represented in digital form in numerous data sets. Commercial companies use these digital representations as a basis for making decisions that affect the individual. This has implications for privacy and autonomy of the individual and the ability to construct one’s own identity. This study describes how digital representations are created and for what purposes. An analysis is made of the implications this has for individuals and why privacy, autonomy, and identity construction are at stake. In this context legal protection of individuals is provided by data protection legislation. The current framework, however, appears to be insufficient in relation to the problems identified in this study. Other legal constructs are assessed to see whether alternative approaches could help offer legal protection. Finally, a proposal is presented to embed the concepts of digital personae and profiles (as forms of digital representations) as portraits in data protection law.

Keywords: Privacy, identity, digital persona, profiles, profiling, data protection, autonomy

JEL Classification: K00, K19

Suggested Citation

Roosendaal, Arnold, Digital Personae and Profiles in Law: Protecting Individuals' Rights in Online Contexts (August 21, 2013). Available at SSRN: https://ssrn.com/abstract=2313576 or http://dx.doi.org/10.2139/ssrn.2313576

Arnold Roosendaal (Contact Author)

TNO Information and Communication Technology in Delft ( email )

Delft
Netherlands

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