On 8-9 November 2018, Liane Colonna, from Stockholm University, attended the conference The resilience of General Principles of EU law and Fundamental Rights in the Digital EU Legal Order, organised by the Swedish Network for European Legal Studies, which was held held in Stockholm, Sweden. Dr Colonna presented a paper entitled “Whether the requirement of data protection by design set forth in the GDPR clashes with the general principles of EU law.“
Privacy by Design is an interdisciplinary concept that incorporates recent research from fields such as computer science, statistics, law, and the social sciences in order to solve some of the complex privacy problems that arise from technologies like lifelogging. While the notion of Privacy by Design is an exciting approach, it presents serious normative challenges, particularly in the European context. This paper will explore one such challenge: how to reconcile the concept of Privacy by Design with the principle of transparency.
First, the paper will “unpack” the concept of Privacy by Design. Then, it will explore the principle of transparency, especially as it is enshrined as a European Union general principle of law. An examination of whether the concept of Privacy by Design conflicts with the principle of transparency will then ensue. Finally, some suggestions as to how the concept of Privacy by Design can be reconciled with the principle of transparency will be set forth such as the development of a more clearly defined Privacy by Design methodology.