ENABLING BIG DATA THROUGH EUROPE’S NEW DATA PROTECTION REGULATION
BY Viktor Mayer-Schönberger, Professor of Internet Governance and Regulation, University of Oxford.
& Yann Padova, Former Secretary General of the French Data Protection Authority (CNIL), now Commissioner with the French Energy Regulator (CRE).
The European Union has just passed the most comprehensive overhaul of its privacy laws in two decades. The so-called General Data Protection Regulation (GDPR) brings numerous changes. In this Article we look at how the GDPR will impact, enable or restrict the use of Big Data in Europe. We look at three distinct privacy aspects of Big Data: while collection sees a tightening of regulation through the GDPR, the principles of purpose limitation and retention minimization offer a mixed view, including a rather surprising avenue that could permit Big Data applications at a much larger scale than today. We conclude in evaluating whether this exception, that provides some room for manoeuver for member states, will be sufficient for Big Data to flourish, and what issues remain to be addressed.
2016] REGIME CHANGE? 315 THE COLUMBIA, SCIENCE & TECHNOLOGY LAW REVIEW
VOL. XVII STLR.ORG SPRING 2016 ARTICLE