Details
Original language | English |
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Title of host publication | New technology, Big Data and the law |
Editors | Marcelo Corrales, Mark Fenwick, Nikolaus Forgó |
Place of Publication | Singapore |
Pages | 17-42 |
Number of pages | 26 |
Edition | 1 |
ISBN (electronic) | 978-981-10-5038-1 |
Publication status | Published - 5 Sept 2017 |
Publication series
Name | Perspectives in Law, Business and Innovation |
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ISSN (Print) | 2520-1875 |
ISSN (electronic) | 2520-1883 |
Abstract
In recent years, Big Data has become a dominating trend in information technology. As a buzzword, Big Data refers to the analysis of large data sets in order to find new correlations—for example, to find business or political trends or to prevent crime—and to extract valuable information from large quantities of data. As much as Big Data may be useful for better decision-making and risk or cost reduction, it also creates some legal challenges. Especially where personal data is processed in Big Data applications such methods must be reconciled with data protection laws and principles. Those principles need some further analysis and refinement in the light of technical developments. Particularly challenging in that respect is the key principle of “purpose limitation.” It provides that personal data must be collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes. This may be difficult to achieve in Big Data scenarios. At the time personal data is collected, it may still be unclear for what purpose it will later be used. However, the blunt statement that the data is collected for (any possible) Big Data analytics is not a sufficiently specified purpose. Therefore, this contribution seeks to offer a closer analysis of the principle of purpose limitation in European data protection law in the context of Big Data applications in order to reveal legal obstacles and lawful ways to handle such obstacles.
Keywords
- Big Data, Compatible use, Data protection, Data protection directive (DPD), General data protection regulation (GDPR), Purpose limitation, Purpose specification
ASJC Scopus subject areas
- Social Sciences(all)
- Law
- Business, Management and Accounting(all)
- Management of Technology and Innovation
Sustainable Development Goals
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New technology, Big Data and the law. ed. / Marcelo Corrales; Mark Fenwick; Nikolaus Forgó. 1. ed. Singapore, 2017. p. 17-42 (Perspectives in Law, Business and Innovation).
Research output: Chapter in book/report/conference proceeding › Contribution to book/anthology › Research
}
TY - CHAP
T1 - The principle of purpose limitation and big data
AU - Forgó, Nikolaus
AU - Hänold, Stefanie
AU - Schütze, Benjamin
N1 - Funding information: This work has been supported by the EU project SoBigData (http://www. sobigdata.eu/) which receives funding from the European Union’s Horizon 2020 research and innovation program under grant agreement No. 654024 and the German national project ABIDA (http://www.abida.de/) which has been funded by the Bundesminsterium für Bildung und Forschung (BMBF). The authors would like to thank Marc Stauch for his valuable support. This work has been supported by the EU project SoBigData (http://www. sobigdata.eu/) which receives funding from the European Union?s Horizon 2020 research and innovation program under grant agreement No. 654024and the German national project ABIDA (http://www.abida.de/) which has been funded by the Bundesminsterium f?r Bildung und Forschung (BMBF). The authors would like to thank Marc Stauch for his valuable support.
PY - 2017/9/5
Y1 - 2017/9/5
N2 - In recent years, Big Data has become a dominating trend in information technology. As a buzzword, Big Data refers to the analysis of large data sets in order to find new correlations—for example, to find business or political trends or to prevent crime—and to extract valuable information from large quantities of data. As much as Big Data may be useful for better decision-making and risk or cost reduction, it also creates some legal challenges. Especially where personal data is processed in Big Data applications such methods must be reconciled with data protection laws and principles. Those principles need some further analysis and refinement in the light of technical developments. Particularly challenging in that respect is the key principle of “purpose limitation.” It provides that personal data must be collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes. This may be difficult to achieve in Big Data scenarios. At the time personal data is collected, it may still be unclear for what purpose it will later be used. However, the blunt statement that the data is collected for (any possible) Big Data analytics is not a sufficiently specified purpose. Therefore, this contribution seeks to offer a closer analysis of the principle of purpose limitation in European data protection law in the context of Big Data applications in order to reveal legal obstacles and lawful ways to handle such obstacles.
AB - In recent years, Big Data has become a dominating trend in information technology. As a buzzword, Big Data refers to the analysis of large data sets in order to find new correlations—for example, to find business or political trends or to prevent crime—and to extract valuable information from large quantities of data. As much as Big Data may be useful for better decision-making and risk or cost reduction, it also creates some legal challenges. Especially where personal data is processed in Big Data applications such methods must be reconciled with data protection laws and principles. Those principles need some further analysis and refinement in the light of technical developments. Particularly challenging in that respect is the key principle of “purpose limitation.” It provides that personal data must be collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes. This may be difficult to achieve in Big Data scenarios. At the time personal data is collected, it may still be unclear for what purpose it will later be used. However, the blunt statement that the data is collected for (any possible) Big Data analytics is not a sufficiently specified purpose. Therefore, this contribution seeks to offer a closer analysis of the principle of purpose limitation in European data protection law in the context of Big Data applications in order to reveal legal obstacles and lawful ways to handle such obstacles.
KW - Big Data
KW - Compatible use
KW - Data protection
KW - Data protection directive (DPD)
KW - General data protection regulation (GDPR)
KW - Purpose limitation
KW - Purpose specification
UR - http://www.scopus.com/inward/record.url?scp=85048357310&partnerID=8YFLogxK
U2 - 10.1007/978-981-10-5038-1_2
DO - 10.1007/978-981-10-5038-1_2
M3 - Contribution to book/anthology
SN - 978-981-10-5037-4
T3 - Perspectives in Law, Business and Innovation
SP - 17
EP - 42
BT - New technology, Big Data and the law
A2 - Corrales, Marcelo
A2 - Fenwick, Mark
A2 - Forgó, Nikolaus
CY - Singapore
ER -