Distributed Data Protection and Liability on Blockchains

INTERNET SCIENCE. 5th International Conference, INSCI 2018. St.Petersburg, Russia, October 24-26, 2018. Proceedings, Vol. 2. Workshops

Amsterdam Law School Research Paper No. 2019-06

Institute for Information Law Research Paper No. 2019-03

11 Pages Posted: 28 Jan 2019 Last revised: 18 Apr 2019

See all articles by Alexandra Giannopoulou

Alexandra Giannopoulou

University of Amsterdam - Institute for Information Law (IViR)

Valeria Ferrari

University of Amsterdam - Institute for Information Law (IViR)

Date Written: January 16, 2019

Abstract

Blockchains and the GDPR pursue similar objectives where they seek to grant users greater control over their personal data. While the latter pursues this goal by imposing duties of care to centralised controllers and collectors of data, blockchains go a step beyond by trying to eliminate these stakeholders and the need to trust them. Nevertheless, the rules set out by the GDPR apply whenever personal data are at stake, and various actors of the blockchain ecosystem risk liability for controlling of processing data in violation of privacy requirements. A possible solution is to re-contextualise the concepts of data controlling and responsibility, as framed by the GDPR, in light of blockchains’ enhanced individual autonomy. In this paper, we set the framework for a further inquiry on the role of users as both data subjects and data controllers of distributed ledgers.

Keywords: Blockchain, Decentralization, Data Protection, GDPR

Suggested Citation

Giannopoulou, Alexandra and Ferrari, Valeria, Distributed Data Protection and Liability on Blockchains (January 16, 2019). INTERNET SCIENCE. 5th International Conference, INSCI 2018. St.Petersburg, Russia, October 24-26, 2018. Proceedings, Vol. 2. Workshops, Amsterdam Law School Research Paper No. 2019-06, Institute for Information Law Research Paper No. 2019-03, Available at SSRN: https://ssrn.com/abstract=3316954

Alexandra Giannopoulou (Contact Author)

University of Amsterdam - Institute for Information Law (IViR) ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

Valeria Ferrari

University of Amsterdam - Institute for Information Law (IViR) ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

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