The Concept of ‘Information’: An Invisible Problem in the GDPR
Dara Hallinan and Raphaël Gellert, "The Concept of ‘Information’: An Invisible Problem in the GDPR" (2020) 17:2 SCRIPTed 269 https://script-ed.org/?p=3885 DOI: 10.2966/scrip.170220.269
51 Pages Posted: 27 Oct 2020
Date Written: August 1, 2020
Information is a central concept in data protection law. Yet, there is no clear definition of the concept in law – in legal text or jurisprudence. Nor has there been extensive scholarly consideration of the concept. This lack of attention belies a concept which is complex, multifaceted and functionally problematic in the GDPR. This paper takes an in-depth look at the concept of information in the GDPR and offers up three theses: (i) the concept of information plays two different roles in the GPDR – as an applicability criterion and as an object of regulation; (ii) the substantive boundaries of the concepts populating these two roles differ; and (iii) these differences are significant for the efficacy of the GDPR as an instrument of law.
Keywords: Data Protection, GDPR, Information Theory, Genetic Data, Artificial Intelligence, Machine Learning
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