Vulnerability and Data Protection Law
Vulnerability and Data Protection Law
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Abstract
Vulnerability is the hallmark of human beings in the twenty-first century. In the digital environment, this is particularly evident. Vulnerabilities are generally considered using a group-based approach: ethnic minorities, children, the elderly, people with disabilities, etc. However, this static approach might prove to be inaccurate: the digital media have reshaped groups and individuals by inducing new vulnerabilities and creating different vulnerable sub-groups of users, consumers, citizens, and data subjects. This book is conceived not only to show problems but to offer a perspective of critical optimism towards viable solutions. The EU General Data Protection Regulation is not just the legal instrument used to analyse criticalities in the existing digital world but it is also primarily a forward-looking set of tools that, though largely underexplored, might prove to be essential in rebalancing power asymmetries and mitigating induced vulnerabilities in the age of AI. While many authors have focused on the nuances of data controllers and data processors, few scholars have focused on the characteristics of the data subjects. Accordingly, this book has three related goals: (i) investigating the notion of the data subject and understanding whether and how personal conditions influence the definition and the protection this subject; (ii) reconceptualizing the notion of vulnerability in the data protection framework, proposing a layered, contextual, and relational notion; (iii) promoting a vulnerability-aware interpretation of the GDPR. The aim of this book is to start promoting the data subjects’ layered vulnerability as a heuristic tool in order to re-interpret the GDPR and to reconceptualize the risk-based approach on an individual-centred basis.
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Front Matter
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1
The reasons for research on data subjects
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2
The notion of the data subject: an average individual?
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3
Who is the vulnerable individual?
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4
The vulnerable data subject in the GDPR
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5
Data protection principles and vulnerable data subjects
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6
Data protection rights and duties and vulnerable data subjects
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7
Assessing (and mitigating) layers of data subjects’ vulnerability: Using the DPIA as a model
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8
The limitations and the alternatives of a vulnerability-based interpretation of the GDPR
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9
Conclusions: The layers of data subject’s vulnerability and the way ahead
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End Matter
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