The Data Subject, Titulaire of the Right to Data Protection: The Case of Anonymization and Pseudonymization

Abstract:      

“The data subject” is the “titulaire” (fr.) of the subjective right to the protection of personal data, being identified as such by the transposition law into the Romanian legal system of the Data Protection Directive (Directive 95/46). This study aims to analyze the conditions under which the person can enjoy the system of protection of her personal data. Hence, it will tackle the problem of the “quality” of the data subject – can the data subject ever be a legal person, or must it always be a natural person? It will also analyze the concepts of anonymization and pseudonymization, having regard to both the national and European legal provisions, as well as to the EU data protection reform package. The conclusions will show, on the one hand, that the legal person can have its private data protected under exceptionally situations and only in certain fields, and on the other hand that pseudonymization has the potential to meet both the need of protection of the individual in the digital era and the interests of the data controllers. In order for this to happen, pseudonymization must be rationally regulated in the future European data protection law, which is currently under debate.

 

Note: Downloadable document is in Romanian.

Full Text Paper: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2345701

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