Vulnerability and Data Protection Law

The perception of vulnerability has shifted with the rise of digital media, and the GDPR provides a forward-looking set of tools to address power asymmetries and mitigate induced vulnerabilities in the age of artificial intelligence.

Format: Hardback
Length: 304 pages
Publication date: 21 April 2023
Publisher: Oxford University Press

Vulnerability has long been perceived through the lens of specific groups, such as ethnic minorities, children, the elderly, or individuals with disabilities. However, with the rise of digital media, our understanding of vulnerable groups and individuals has undergone a significant transformation. As new vulnerabilities and diverse vulnerable sub-groups of users, consumers, citizens, and data subjects emerge, our perceptions of vulnerability have expanded. Vulnerability and Data Protection Law not only addresses these challenges but provides a comprehensive exploration of the concept of data subjects and a re-conceptualization of vulnerability within the framework of the General Data Protection Regulation (GDPR).

The GDPR offers a forward-looking set of tools that, while largely underutilized, are crucial in rebalancing power asymmetries and mitigating induced vulnerabilities in the age of artificial intelligence. Given the new risks and potentialities of the digital market, the growing awareness about cognitive weaknesses, and the heightened philosophical sensitivity to the condition of human vulnerability, the author seeks a more comprehensive and layered definition of data subject vulnerability that extends beyond traditional labels. By promoting a vulnerability-aware interpretation of the GDPR, this work aims to contribute to the scholarly discourse on data protection law and to inform policymakers who seek to strengthen regulations and safeguard the data of vulnerable individuals.

A heuristic analysis that re-interprets the entirety of the GDPR, this work is of vital importance to scholars of data protection law and policymakers alike. By examining the GDPR through the lens of vulnerability, we can gain a deeper understanding of the regulatory framework's objectives and its potential to protect the rights and interests of vulnerable individuals. Moreover, this analysis can provide valuable insights for policymakers in developing and implementing policies that prioritize the protection and empowerment of vulnerable groups.

In conclusion, the study of vulnerability and Data Protection Law offers a unique perspective on the complex relationship between technology, society, and individual rights. By re-conceptualizing vulnerability within the GDPR framework, we can create a more inclusive and responsive legal framework that recognizes the diverse vulnerabilities faced by individuals and promotes the protection and empowerment of all data subjects.

Weight: 586g
Dimension: 240 x 165 x 20 (mm)
ISBN-13: 9780192870339