%0 Journal Article
%T Data Protection Online: Alternative Approaches to Sensitive Data?
%A Rebecca Wong
%J Journal of International Commercial Law and Technology
%D 2007
%I International Association of IT Lawyers
%X The paper aims to review the criterion of ¡°sensitive data¡± under Art. 8 of the Data Protection Directive 95/46/EC (DPD) in the online environment. Sensitive data is defined under Art. 8 as ¡®personal data revealing racial origin, political opinions or religious or philosophical beliefs, trade union membership, and the processing of data concerning health or sex life.¡¯ Following the Lindqvist case (C-101-01), it is questionable how the criterion applies in practice. More specifically, it can be contended that any images/photographs of the data subject uploaded on the internet falls within Art. 8 of the DPD because the image/picture reveals some of the characteristics that may be regarded as sensitive data. The paper also takes account of Professor Simitis¡¯s report entitled Revisiting sensitive data published in 1999, which examined whether "sensitivity" really was a valid criterion for determining the conditions of the processing in the context of the Council of Europe Convention on Personal Data. In this review, the paper calls for a change in how sensitive data is assessed. It considers the purpose-based and contextualised approach to sensitive personal data in the online environment.
%K data protection
%K sensitive data
%K Lindqvist case
%K Council of Europe Convention on Personal Data
%K personal data
%K OECD Guidelines on Personal Data
%K profiling
%K purpose-based approach
%K contextualised approach
%K de minimis
%U http://www.jiclt.com/index.php/jiclt/article/view/13/12