The Age of Big Data Analytics: A cross-national comparison of the implementation of Article 23 of the GDPR in the United Kingdom, France, Germany and Italy

Chailert Oliveri
2020 Figshare  
In the Digital Age, the use of Big Data analytics has increasingly become a central topic of debate for policy-makers, legislators and international institutions. The GDPR –– with its rights-based approach –– aims to provide individuals with adequate protection against the threats associated to big data. However, under Article 23 of the Regulation, Member States are allowed to derogate and restrict fundamental rights as long as they represent proportional and necessary measures. In light of the
more » ... current campaign led by Open Rights Group and the3million, this report argues that the UK government, through the use of data analytics, and considering a history of xenophobic implementations of immigration and criminal law, has unrightfully applied an immigration exemption in the current 2018 DPA. In order to validate this claim, this report considers how three other EU Member States –– Italy, France and Germany –– have handled derogations under Article 23, but to very different ends.
doi:10.6084/m9.figshare.12236585 fatcat:u7ci73iltjdjnfpmwddvhuipya