Bart van der Sloot is one of the world's experts on the interpretation and analysis of the jurisprudence of the European Court of Human Rights on Article 8 of the European Convention on Human Rights, containing the right to privacy. He has created a private database that allows him to do statistical analysis and find correlations and patterns in the data. In addition, he has done extensive comparative research on the jurisprudence of the ECtHR on the right to privacy (Article 8 ECHR) and the right to marry and found a family (Article 12 ECHR).
This article gives an almost complete overview of the material scope of the right to privacy under the European Convention on Human Rights.
Article 8 ECHR was adopted as a classic negative right, which provides the citizen protection from unlawful and arbitrary interference by the state with his private and family life, home and communication. The ECtHR, however, has gradually broadened its scope so that the right to privacy encroaches upon other provisions embodied in the Convention, includes rights and freedoms explicitly left out of the ECHR by the drafters of the Convention and functions as the main pillar on which the Court has built its practice of opening up the Convention for new rights and freedoms.Consequently, Article 8 ECHR has been transformed from a classic privacy right to a personality right, providing protection to the personal development of individuals.
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The book 'Group Privacy' is edited by Linnet Taylor, Luciano Floridi and Bart van der Sloot.
"The overall goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies."
The book Privacy as a Virtue discusses whether a rights-based approach to privacy regulation still suffices to address the challenges triggered by new data processing techniques such as Big Data and mass surveillance. A rights-based approach generally grants subjective rights to individuals to protect their personal interests. However, large-scale data processing techniques often transcend the individual and their interests.
Virtue ethics is used to reflect on this problem and open up new ways of thinking. A virtuous agent not only respects the rights and interests of others, but also has a broader duty to act in the most careful, just and temperate way. This applies to citizens, to companies such as Apple, Google and Facebook and to governmental organizations that are involved with large scale data processing alike.
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This article explains in detail how the European Court of Human Rights determines the outcome of cases revolving around a potential violation of the right to privacy under the European Convention on Human Rights.
It is commonly believed that privacy cases are resolved by balancing the private interest (e.g. personal autonomy) and the common interest (e.g. national security) involved with a particular privacy violation. Clearly, this approach no longer holds in the age of Big Data, in which massive amounts of personal data are gathered without a pre-established goal. Not only is the balancing test inapplicable because it is often unclear how certain data gathering and processing initiatives improve the societal interest. It is also hard to demonstrate whether and if so how an individual has suffered from such massive data processing systems. Besides the balancing test, however, the ECtHR applies two other tests when dealing with privacy issues. Both have an added value when applied to privacy violations following from Big Data processes.