https://www.lawgazette.co.uk/practice-points/can-blockchain-overcome-its-privacy-problem/5102188.article - highly relevant to the discussion of my dissertation. “In the EU’s report on blockchain and the GDPR, regulators concede that ‘multiple points of tension’ have been identified, and a considerable ‘lack of legal certainty’ surrounds the issue.” This report is Michele Finck’s publication for the European Parliamentary Research Service “Can distributed ledgers be squared with European data protection law”. https://www.cnil.fr/sites/default/files/atoms/files/blockchain.pdf - CNIL on blockchain solutions in the contect of personal data “The French data regulator, recently concluded that all blockchain actors are to be designated as ‘controllers’ where the blockchain captures professional or commercial transactions.” The problem being with this is that persons could be assigned responsibilities to which they have no ability to enforce the rights held by data subjects under the GDPR “Furthermore, natural persons who enter personal data on the blockchain, that do not relate to a professional or commercial activity, are not data controllers (pursuant to the “purely personal or household activity” exclusion set out in Article 2 of the GDPR). For example, a natural person who buys or sells Bitcoin, on his or her own behalf, is not a data controller. However, the said person can be considered a data controller if these transactions are carried out as part of a professional or commercial activity, on behalf of other natural persons”
“The right to be forgotten: context and the problem of time” by Paul Lambert – available on Westlaw
“The date of the DPD 95/46 is 24 October 1995. Yet, there have been a world of changes since then. *Comms. L. 75 The commercial internet really arrived after 1995 in the late 1990s/early 2000s. Web 2.0 came post-1995. A great many events, internet developments and now familiar websites simply did not exist. Compare the date of the directive to later developments in relation to the following sample timeline.”
The above could be relevant to my introduction i.e. the 1995 act was outdated, pretty much from its conception, and thus did not appropriately protect the interests of data subjects in the vastly developing digital world.
“Current issues relating to digitalisation of financial institutions and markets from a regulatory perspective”, Dennis Kunschke, Ronja Pfefferl – available on Westlaw. Not all within the article will be relevant but still decent amount of discussion on blockchain/ GDPR.
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