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A Multifaceted Issue Called “Big Data”: Different Views on Privacy, Consumer Protection and Free Trade in Search for a Synthesis

  • Paola Manes

摘要

“Big Data” has become a strategic asset in the new digital economy. Personal data, in particular, is so valuable today that several companies are willing to offer their digital services for free in order to gain access to it. Hence, although personal data is not a currency, it has monetary value, and it is more and more the object of trade; however, personal data also has a dignitary dimension that is protected through data protection law. This paper maps the relationship between the different legal frameworks that interact and sometimes overlap in the data economy, trying to identify common features that facilitate their intersection, whilst acknowledging their distinct methods and aims. The paper thus compares the objectives, rules and enforcement structures of these legal regimes, underlying points of intersection and the potential sources of contradictions and uncertainties they give rise to. Finally, this paper advocates a holistic, synergic and harmonized application of different fields of law across jurisdictions, based on higher cooperation between authorities, both at national and at European level.