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How privacy-enhancing technologies are transforming privacy by design and default: Perspectives for today and tomorrow
Journal of Data Protection & Privacy,
3
(3),
268-280
(2020)
Abstract
This paper explains how privacy-enhancing technologies (PETs) fit into the overall European Union privacy legal framework, providing numerous examples of different types of PETs and their applicability. Given the close interaction between technology and legal aspects, this paper seeks to provide a broad legal and technological perspective for understanding how businesses can leverage PETs. The paper begins with a refresher of the legal framework of privacy by design and by default, with special attention provided to the sanctioning regime. The authors then provide a review of how PETs fit into privacy by design and by default, with a sampling of the more interesting tools that allow organisations to address issues, such as data subject consent and control over personal data, not to mention transparency and data minimisation. The paper concludes with a word of prudence, noting some of the pitfalls to avoid.
Keywords: privacy by design; privacy by default; privacy-enhancing technology; PET; data protection; GDPR; General Data Protection Regulation
The full article is available to subscribers to the journal.
Author's Biography
Joseph Srouji is a member of the Paris bar and founding partner of Srouji Avocats. His previous roles include Senior Counsel for Data Protection & Regulatory Affairs at GE Capital, where he specialised in data protection, financial and banking regulation and compliance, and Data Protection Officer for the French Data Protection Authority (CNIL), where he managed data protection for both the GE corporate group and capital businesses in Europe. He also teaches graduate law classes at Université Paris II Panthéon — Assas, where he completed his law degrees.
Thibault Mechler is a graduate law student at Paris II, Panthéon — Assas in international economic law. He holds a bachelor’s degree in law and a master’s degree
