Legal aspects of information science, data science, and Big Data ∗
This chapter investigates the limits and criticisms of the existing legal framework and the possible options to provide adequate answers to the new challenges of Big Data processing and suggests a broader approach that encompasses the collective dimension of data protection.
Abstract
This chapter investigates the limits and criticisms of the existing legal framework and the possible options to provide adequate answers to the new challenges of Big Data processing. In this light, this chapter is divided into three main sections. The first section focuses on the traditional paradigm of data protection and on the provisions, primarily in the new EU General Data Protection Regulation (Regulation (EU) 2016/679, hereafter GDPR), that can be used to safeguard individual rights in Big Data processing. The second section goes beyond the existing legal framework and, in the light of the path opened by the guidelines on Big Data adopted by the Council of Europe, suggests a broader approach that encompasses the collective dimension of data protection. This dimension often characterizes Big Data applications and leads to assess the ethical and social impacts of data uses, which assume an important role in many Big Data contexts. The last section deals with the use of Big Data to anticipate fraud detection and to prevent crime. In this light, the new Directive (EU) 2016/680 † is briefly analyzed. Da