Wednesday, September 11, 2013
Arnold Roosendaal, TNO Information and Communication Technology in Delft, has published Digital Personae and Profiles in Law: Protecting Individuals' Rights in Online Contexts. Here is the abstract.
Every individual is represented in digital form in numerous data sets. commercial companies use these digital representations as a basis for making decisions that affect the individual. This has implications for privacy and autonomy of the individual and the ability to construct one’s own identity. This study describes how digital representations are created and for what purposes. An analysis is made of the implications this has for individuals and why privacy, autonomy, and identity construction are at stake. In this context legal protection of individuals is provided by data protection legislation. The current framework, however, appears to be insufficient in relation to the problems identified in this study. Other legal constructs are assessed to see whether alternative approaches could help offer legal protection. Finally, a proposal is presented to embed the concepts of digital personae and profiles (as forms of digital representations) as portraits in data protection law.
Download the paper from SSRN at the link.