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Vulnerability and Data Protection Law

Vulnerability and Data Protection Law

Author: Gianclaudio Malgieri
Publisher: Oxford University Press
ISBN: 9780192870339
Published In: April 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Human vulnerability has traditionally been viewed through the lens of specific groups of people, such as ethnic minorities, children, the elderly, or people with disabilities. With the rise of digital media, our perceptions of vulnerable groups and individuals have been reshaped as new vulnerabilities and different vulnerable sub-groups of users, consumers, citizens, and data subjects emerge.

Vulnerable People and Data Protection Law not only depicts these problems but offers the reader a detailed investigation of the concept of data subjects and a reconceptualisation of the notion of vulnerability within the General Data Protection Regulation. The regulation offers a forward-facing set of tools that - though largely underexplored - are essential in rebalancing power asymmetries and mitigating induced vulnerabilities in the age of artificial intelligence.

This book proposes a layered approach to data subject definition. Considering the new potentialities of the digital market, the new awareness about cognitive weaknesses, and the new philosophical sensitivity about vulnerability conditions, the author looks for a more general definition of vulnerability that goes beyond traditional labels. In doing so, he seeks to promote a 'vulnerability-aware' interpretation of the GDPR.

A heuristic analysis that re-interprets the whole GDPR, this work is a must-read for both scholars of data protection law and for policymakers looking to strengthen regulations and protect the data of vulnerable individuals.

1:Introduction: The reasons for research on data subjects

2:The Notion of Data Subject: An average individual?

3:Who is the Vulnerable Data Subject?

4:The Vulnerable Data Subjects in the GDPR

5:Data Protection Principles and the Vulnerable Data Subjects

6:Data Protection Rights and Duties and the Vulnerable Data Subjects

7:Assessing (and Mitigating) Layers of Data Subjects' Vulnerability using the DPIA as a Model

8:The Limitations and the Alternatives of a Vulnerability-Based Interpretation of the GDPR

9:Conclusions