Data Protection and e-Privacy: From Spam and Cookies to Big Data, Machine Learning and Profiling
Forthcoming in L Edwards ed Law, Policy and the Internet (Hart , 2018)
Posted: 5 Jun 2018
Date Written: May 23, 2018
In this chapter, I examine in detail how data subjects are tracked, profiled and targeted by their activities on line and, increasingly, in the “offline” world as well. Tracking is part of both commercial and state surveillance, but in this chapter I concentrate on the former. The European law relating to spam,, cookies, online behavioural advertising (OBA), machine learning (ML) and the Internet of Things (IoT) is examined in detail, using both the GDPR and the forthcoming draft ePrivacy Regulation. The chapter concludes by examining both code and law solutions which might find a way forward to protect user privacy and still enable innovation, by looking to paradigms not based around consent, and less likely to rely on a "transparency fallacy". Particular attention is drawn to the new work around Personal Data Containers (PDCs) and distributed ML analytics.
Keywords: law, data protection, privacy, tracking, surveillance, machine learning, profiling, spam, cookies, Internet of Things, consent, personal data containers
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