Vulnerability and Data Protection Law

Vulnerability has traditionally been viewed through the lens of specific groups of people, such as ethnic minorities, children, the elderly, or people with disabilities. With the rise of digital media, our perceptions of vulnerable groups and individuals have been reshaped as new vulnerabilities and different vulnerable sub-groups of users, consumers, citizens, and data subjects emerge. Vulnerability and Data Protection Law not only depicts these problems but offers the reader a detailed investigation of the concept of data subjects and a reconceptualization of the notion of vulnerability within the General Data Protection Regulation. The regulation offers a forward-facing set of tools that-though largely underexplored-are essential in rebalancing power asymmetries and mitigating induced vulnerabilities in the age of artificial intelligence. Considering the new risks and potentialities of the digital market, the new awareness about cognitive weaknesses, and the new philosophical sensitivity about the condition of human vulnerability, the author looks for a more general and layered definition of the data subject's vulnerability that goes beyond traditional labels. In doing so, he seeks to promote a 'vulnerability-aware' interpretation of the GDPR. A heuristic analysis that re-interprets the whole GDPR, this work is essential for both scholars of data protection law and for policymakers looking to strengthen regulations and protect the data of vulnerable individuals.

1 - Introduction: The reasons for research on data subjects
2 - The notion of data subject: an average individual?
3 - Who is the vulnerable individual?
4 - The vulnerable data subject in the GDPR
5 - Data protection principles and vulnerable data subjects
6 - Data protection rights and duties and vulnerable data subjects
7 - Assessing (and mitigating) layers of data subjects' vulnerability: Using the DPIA as a Model
8 - The limitations and the alternatives of a vulnerability-based interpretation of the GDPR
9 - Conclusions: The layers of data subject's vulnerability and the way ahead

Dr Gianclaudio Malgieri is an Associate Professor of Law & Technology at Leiden University, where he conducts research on and teaches data protection law, AI regulation, and consumer protection at the eLaw Center for Law and Digital Technologies. He serves as the Co-Director of the Brussels Privacy Hub and as an Associate Editor of Computer Law and Security Review. He is Ethics Expert of the European Commission, an Advisory Board member of EPIC.org and he co-leads "VULNERA", the International Observatory of Vulnerable People in Data Protection. Gianclaudio has authored more than 60 publications, including articles in leading international academic journals. He has been cited by top international newspapers and international institutions, even receiving the FPF Privacy for Policymaker Paper Award. Before joining Leiden University, he was an Associate Professor at the EDHEC Business School, Augmented Law Institute, where he is still affiliated.