“The collision between Big Data and privacy law”

A peer-reviewed paper for the Australian Journal of Telecommunications and the Digital Economy, 2014.

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Wilson, Stephen. “The Collision between Big Data and Privacy Law.” Australian Journal of Telecommunications and the Digital Economy 2.3 (2014).

Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2548079.

Abstract

We live in an age where billionaires are self-made on the back of the most intangible of assets – the information they have about us. The digital economy is awash with data. It’s a new and endlessly re-useable raw material, increasingly left behind by ordinary people going about their lives online. Many information businesses proceed on the basis that raw data is up for grabs; if an entrepreneur is clever enough to find a new vein of it, they can feel entitled to tap it in any way they like. However, some tacit assumptions underpinning today’s digital business models are naive. Conventional data protection laws, older than the Internet, limit how Personal Information is allowed to flow. These laws turn out to be surprisingly powerful in the face of ‘Big Data’ and the ‘Internet of Things’. On the other hand, orthodox privacy management was not framed for new Personal Information being synthesised tomorrow from raw data collected today. This paper seeks to bridge a conceptual gap between data analytics and privacy, and sets out extended Privacy Principles to better deal with Big Data.