Direito e Informação na Sociedade em Rede: atas Direito e Informação na Sociedade em Rede: atas | Page 63
(National Science Foundation, 2012)17 Big data relies on the increasing ability of
technology to support the collection and storage of large amounts of data, and on its
ability to enable analysis, understanding and taking advantage of the full value of data
using sophisticated algorithms (The White House, 2014).
Promising fields for big data technologies range from health to intelligent
transport systems and smart cities, from social research on human and group
behaviour to models of economic growth (Allemand, 2013, p. 27 ff). The other side
of the coin is the growing use of big data for consumer profiling and, more than that,
for purposes of surveillance and control. One of the greatest values of big data for
businesses and governments is derived from the monitoring of human behaviour and
resides in its predictive potential, entailing the emergence of a revenue model for
Internet companies relying on tracking online activity. Such “big data” should be
considered personal even where anonymisation techniques have been applied since it
is widely admitted that it is relatively easy to infer a person’s identity by combining
allegedly anonymous data with publicly available information such as on social media.
These may include highly sensitive data such as health data and information relating
to our thinking patterns and psychological make-up18.
All in all, notwithstanding the improvements that big data may bring about to
the performance of both commercial and public services, a true apprehension arises
that this new paradigm may considerably alter the balances of power with respect to
personal data appropriation and control with adverse effects upon the effectiveness
of data protection principles and rights.
3. Changing power balances in data control, and how the data protection
regime responds
On the European Data Protection Day, 28th January 2015, Vice-President
Andrus Ansip and Commissioner Věra Jourová underlined that “citizens and
businesses are waiting for the modernisation of data protection rules to catch up with
the digital age”. The Commissioners reaffirmed their faith in the new data protection
rules to “strengthen citizens' rights” and “put citizens back in control of their data”19.
They also recalled, the “EU Data Protection reform also includes new rules for police
and criminal justice authorities when they exchange data across the EU. This is very
timely, not least in light of the recent terrorist attacks in Paris”.
As the EU approves the GDPR, and the law enforcement directive, the belief
thus persists in the ability of this reform to cope with technological progresses.
Likewise, EU leaders underline the aptitude of the reform to conciliate economic
Article 29 Working Party (WP29) Opinion 3/2013 on purpose limitation. European Data Prot4ection
Supervisor, Opinion 7/2015, Meeting the challenges of big data, November, p. 7.
18 European Data Protection Supervisor, Opinion 7/2015, Meeting the challenges of big data. A call for
transparency, user control, data protection by design and accountability, 19 November, 7.
19 European Fact Sheet, Data Protection Day 2015: Concluding the EU Data Protection Reform essential for
the Digital Single Market, Brussels, 28 January 2015, (last accessed 18.03.2016).
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