Samenvatting Privacy and Big Data
HC1: Introduction and Data Regulation Overview
Principles
Right to Privacy
Recognized a human right by UN and European Convention on Human Rights
Right to Data Protection
EU Council recognizes human right
EU Charter of Fundamental rights:
Everyone has the right to the protection of personal data
Data must be processed fairly, for specified purposes, with consent
Compliance needs to be controlled by an independent authority
UN
Not legally bindingly protected
Could conflict with other rights, such as freedom of expression
GDPR
GDPR = General Data Protection Regulation
Set up 25 May 2018
Applies to all organizations in the EU
Personal Data = data relating to an individual who can be (in)directly identified
Anonymized data are not. Pseudonymized are (can be traced back)
Data Processing = Any operation performed on personal data, automated or manual
Data controller = person deciding why and how personal data will be processed
Data processor = processes personal data on behalf of the data controller
Consent = any freely given, specific, informed, and unambiguous indication of the data subject’s
Wishes. E.g.: “Tilburg University uses cookies”
Summary: Privacy and Big Data Rick Titulaer May 2023
,Principles of GDPR:
Lawfulness, fairness, and transparency
Consent is given, potential risks are communicated
Purpose limitation
The data is only used for the purpose stated in the demand for consent
Data minimization
Not more than necessary data is collected
Accuracy
Personal data must be accurate and up to date
Storage limitation
Data may not be stored longer than necessary
Integrity and confidentiality
Processing must be done in such a way that security, integrity, and confidentiality are ensured.
Measures can be technical or organizational.
Accountability
Controllers and processors must actively implement measures
Supervisory authority
• Each member state must set up under national law
• Assist with violation
• Independent
• Can intervene
• Need to cooperate with other countries
European Data Protection board
• Supplementary to the national supervisory authorities
• One board for the whole EU
GDPR: Rights of the data subject
• Right to be informed
• Right of access
• Right to rectification
• Right to erase
• Right to restrict processing
• Right to data portability
• Right to object
• Rights against automated decision and profiling
Data subjects have right to compensation if violated
Controller and Processor are liable
Summary: Privacy and Big Data Rick Titulaer May 2023
,EU Data Strategy
EU Data Strategy
• To create a Single market for data
• Flow across sectors
• European rules are fully respected (GDPR)
Composition
• Digital Services Act
Digital Services Package
• Digital Markets Act
• Data Governance Act
• Data Act
Digital Services Package (DSA and DMA)
• Both Services and Markets have the same goals
• Create a safer digital space, where users’ rights are protected
• Create a playing field for innovation, growth, and competition
• Digital Services Act, DSA → Intermediaries and platforms
• Digital Markets Act, DMA → Gatekeepers
Digital Services Act
• Regulates digital service providers that act as intermediaries
• VLOPs = Very Large Online Platforms
• VLOEs = Very Large Online Search Engines
o Both require special diligence regarding systemic risk
Digital Markets Act
• Gatekeepers = Largest digital platforms that are gateways for business and users
o Over 7.5b revenue
o Over 45m users and over 10k businesses
o Durable: thresholds met in the last 3 years
Data Governance Act
• Foster Data Availability
• Technical equipment should be provided
• Data intermediaries should not be trading data
• Data altruism → Sharing data without gaining yourself
Data Act
• Concerned by the Internet of Things
• Rules about who can access what data
• Creating a fairer environment for all sectors in the economy
Summary: Privacy and Big Data Rick Titulaer May 2023
, Outside of Europe
Convention 108+
• First legally binding international instrument
• 55 member states, EU and non-EU
HC2: Economic Theory, a refresher (6 feb)
Basic economic concepts
Opportunity costs
= Costs incurred by missing out choosing an alternative.
Trade-offs
= You need to balance two likable things, or two unlikable things.
Utility function
= typically has consumption of one or more goods as input. And has the utility of a consumer
as output. Consumers always want to maximize utility.
Producer Theory
Profits (π)
= Revenue – costs
= p*q - C(q)
Δ𝐶(𝑞)
Costs C(q) → Marginal costs = Δq
𝐶(𝑞)
→ Average costs = 𝑞
→ Variable costs = non-fixed costs (these derive to 0)
→ Sunk costs = expenses that are incurred anyway. Need not to be considered.
Optimal pricing: π(q)’ = 0 → mr(q) = mc(q)
Thus, producers need to set the quantity such that the marginal revenue (price,
in linear functions) is equal to the marginal costs (typically increases)
Welfare Analysis
Competitive market → Price is given. Producers merely set quantity
Thus, marginal revenue is [pq]’=p
Assumption: In the long run, no producer can make profit in a competitive market, because
in case of profits, producers will enter, and in case of losses, producers will drop out.
Monopoly → One producer can determine both price and quantity
Price follows quantity. P(q) is the price.
Summary: Privacy and Big Data Rick Titulaer May 2023
HC1: Introduction and Data Regulation Overview
Principles
Right to Privacy
Recognized a human right by UN and European Convention on Human Rights
Right to Data Protection
EU Council recognizes human right
EU Charter of Fundamental rights:
Everyone has the right to the protection of personal data
Data must be processed fairly, for specified purposes, with consent
Compliance needs to be controlled by an independent authority
UN
Not legally bindingly protected
Could conflict with other rights, such as freedom of expression
GDPR
GDPR = General Data Protection Regulation
Set up 25 May 2018
Applies to all organizations in the EU
Personal Data = data relating to an individual who can be (in)directly identified
Anonymized data are not. Pseudonymized are (can be traced back)
Data Processing = Any operation performed on personal data, automated or manual
Data controller = person deciding why and how personal data will be processed
Data processor = processes personal data on behalf of the data controller
Consent = any freely given, specific, informed, and unambiguous indication of the data subject’s
Wishes. E.g.: “Tilburg University uses cookies”
Summary: Privacy and Big Data Rick Titulaer May 2023
,Principles of GDPR:
Lawfulness, fairness, and transparency
Consent is given, potential risks are communicated
Purpose limitation
The data is only used for the purpose stated in the demand for consent
Data minimization
Not more than necessary data is collected
Accuracy
Personal data must be accurate and up to date
Storage limitation
Data may not be stored longer than necessary
Integrity and confidentiality
Processing must be done in such a way that security, integrity, and confidentiality are ensured.
Measures can be technical or organizational.
Accountability
Controllers and processors must actively implement measures
Supervisory authority
• Each member state must set up under national law
• Assist with violation
• Independent
• Can intervene
• Need to cooperate with other countries
European Data Protection board
• Supplementary to the national supervisory authorities
• One board for the whole EU
GDPR: Rights of the data subject
• Right to be informed
• Right of access
• Right to rectification
• Right to erase
• Right to restrict processing
• Right to data portability
• Right to object
• Rights against automated decision and profiling
Data subjects have right to compensation if violated
Controller and Processor are liable
Summary: Privacy and Big Data Rick Titulaer May 2023
,EU Data Strategy
EU Data Strategy
• To create a Single market for data
• Flow across sectors
• European rules are fully respected (GDPR)
Composition
• Digital Services Act
Digital Services Package
• Digital Markets Act
• Data Governance Act
• Data Act
Digital Services Package (DSA and DMA)
• Both Services and Markets have the same goals
• Create a safer digital space, where users’ rights are protected
• Create a playing field for innovation, growth, and competition
• Digital Services Act, DSA → Intermediaries and platforms
• Digital Markets Act, DMA → Gatekeepers
Digital Services Act
• Regulates digital service providers that act as intermediaries
• VLOPs = Very Large Online Platforms
• VLOEs = Very Large Online Search Engines
o Both require special diligence regarding systemic risk
Digital Markets Act
• Gatekeepers = Largest digital platforms that are gateways for business and users
o Over 7.5b revenue
o Over 45m users and over 10k businesses
o Durable: thresholds met in the last 3 years
Data Governance Act
• Foster Data Availability
• Technical equipment should be provided
• Data intermediaries should not be trading data
• Data altruism → Sharing data without gaining yourself
Data Act
• Concerned by the Internet of Things
• Rules about who can access what data
• Creating a fairer environment for all sectors in the economy
Summary: Privacy and Big Data Rick Titulaer May 2023
, Outside of Europe
Convention 108+
• First legally binding international instrument
• 55 member states, EU and non-EU
HC2: Economic Theory, a refresher (6 feb)
Basic economic concepts
Opportunity costs
= Costs incurred by missing out choosing an alternative.
Trade-offs
= You need to balance two likable things, or two unlikable things.
Utility function
= typically has consumption of one or more goods as input. And has the utility of a consumer
as output. Consumers always want to maximize utility.
Producer Theory
Profits (π)
= Revenue – costs
= p*q - C(q)
Δ𝐶(𝑞)
Costs C(q) → Marginal costs = Δq
𝐶(𝑞)
→ Average costs = 𝑞
→ Variable costs = non-fixed costs (these derive to 0)
→ Sunk costs = expenses that are incurred anyway. Need not to be considered.
Optimal pricing: π(q)’ = 0 → mr(q) = mc(q)
Thus, producers need to set the quantity such that the marginal revenue (price,
in linear functions) is equal to the marginal costs (typically increases)
Welfare Analysis
Competitive market → Price is given. Producers merely set quantity
Thus, marginal revenue is [pq]’=p
Assumption: In the long run, no producer can make profit in a competitive market, because
in case of profits, producers will enter, and in case of losses, producers will drop out.
Monopoly → One producer can determine both price and quantity
Price follows quantity. P(q) is the price.
Summary: Privacy and Big Data Rick Titulaer May 2023
