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oapen-20.500.12657-877842024-03-28T14:03:19Z The Boundaries of Data van der sloot, bart van Schendel, Sascha Personal data, anonymous data, pseudonymous data, metadata, sensitive personal data thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDC Law: Human rights and civil liberties::LNDC2 Privacy law thema EDItEUR::J Society and Social Sciences::JB Society and culture: general::JBF Social and ethical issues::JBFV Ethical issues and debates The legal domain distinguishes between different types of data and attaches a different level of protection to each of them. Thus, non-personal data are left largely unregulated, while privacy and data protection rules apply to personal data or personal information. There are stricter rules for processing sensitive personal data than for ‘ordinary’ personal data, and metadata or communications data are regulated differently than content communications data. Technological developments challenge these legal categorisations on at least three fronts: First, the lines between the categories are becoming harder to draw and more fluid. Second, working with various categories of data works well when the category a datum or dataset falls into is relatively stable. However, this is less and less so. Third, scholars increasingly question the rationale behind the various legal categorisations. This book assesses to what extent either of these strategies is feasible and to what extent alternative approaches could be developed by combining insights from three fields: technology, practice and law. 2024-02-20T10:48:32Z 2024-02-20T10:48:32Z 2024 book 9789463729192 https://library.oapen.org/handle/20.500.12657/87784 eng application/pdf Attribution-NonCommercial-NoDerivatives 4.0 International 9789048557998.pdf Amsterdam University Press 10.5117/9789463729192 10.5117/9789463729192 dd3d1a33-0ac2-4cfe-a101-355ae1bd857a a202f1a2-184b-42db-9f4a-b97154a79ee0 f8957355-8295-492e-89d0-ca3b16919e73 9789463729192 Dutch Research Council (NWO) 333 Amsterdam VI.Veni.201R.082) Veni Grant Law Sector Plan Dutch Research Council (NWO) Ministerie van Onderwijs, Cultuur en Wetenschap Ministry of Education, Culture and Science, Netherlands open access
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The legal domain distinguishes between different types of data and attaches a different level of protection to each of them. Thus, non-personal data are left largely unregulated, while privacy and data protection rules apply to personal data or personal information. There are stricter rules for processing sensitive personal data than for ‘ordinary’ personal data, and metadata or communications data are regulated differently than content communications data. Technological developments challenge these legal categorisations on at least three fronts: First, the lines between the categories are becoming harder to draw and more fluid. Second, working with various categories of data works well when the category a datum or dataset falls into is relatively stable. However, this is less and less so. Third, scholars increasingly question the rationale behind the various legal categorisations. This book assesses to what extent either of these strategies is feasible and to what extent alternative approaches could be developed by combining insights from three fields: technology, practice and law.
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