The Evolving Role of the Individual Under EU Data Protection Law

Abstract

The role of individuals has shifted. In less than 30 years, individuals have transcended their role as passive “data subjects” to become actively involved in the creation, distribution and consumption of personal data. Unless an exemption or derogation applies, individuals are – at least in theory – subject to data protection law. This hypothesis was confirmed early on by the Lindqvist ruling and more recently in Ryneš. The aim of this paper is to analyse whether it is still possible to reconcile the “personal use exemption” of article 3(2) Directive 95/46 with the widespread use of technologies by individuals. Using online social networks, drones and Google Glass as use cases, this paper will explore how the personal use exemption might be shaped in order to preserve individuals’ ability to use new technologies freely, while still protecting the privacy interests of others.

Keywords: data protection, roles and responsibilities, personal use, social media, drones, Google Glass