Big Data Protection. How to Make the Draft EU Regulation on Data Protection Future Proof

The author analyzes innovations in data processing and discusses what the impact of these developments is on individuals and society. She discusses what the role is of data protection in these developments as well as four privacy paradoxes, and how to best regulate the complex relationship between IT and society going forward. Her conclusion is that the technical innovations and social trends undermine the effectiveness and legitimacy of both the current as well as upcoming EU data protection regime. The author argues that the principle of purpose limitation should be abandoned as a separate criterion. Also, other principles (such as consent and the performance of an agreement) should no longer be recognised as independent legal grounds to legitimize data processing. The author proposes, instead, a test based on whether there is a legitimate interest for data collection and processing (as well as further processing) of data and lists concrete suggestions for improvement of the EU General Data Protection Regulation