How privacy-enhancing technologies are transforming privacy by design and default: Perspectives for today and tomorrow

Joseph Srouji and Thibault Mechler
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Joseph Srouji: Lawyer of the Paris Bar, Srouji Avocats, France
Thibault Mechler: Graduate Law Student at Paris II, Panthéon — Assas, France

Journal of Data Protection & Privacy, 2020, vol. 3, issue 3, 268-280

Abstract: This paper explains how privacy-enhancing technologies (PETs) fit into the overall European Union privacy legal framework, providing numerous examples of different types of PETs and their applicability. Given the close interaction between technology and legal aspects, this paper seeks to provide a broad legal and technological perspective for understanding how businesses can leverage PETs. The paper begins with a refresher of the legal framework of privacy by design and by default, with special attention provided to the sanctioning regime. The authors then provide a review of how PETs fit into privacy by design and by default, with a sampling of the more interesting tools that allow organisations to address issues, such as data subject consent and control over personal data, not to mention transparency and data minimisation. The paper concludes with a word of prudence, noting some of the pitfalls to avoid.

Keywords: privacy by design; privacy by default; privacy-enhancing technology; PET; data protection; GDPR; General Data Protection Regulation (search for similar items in EconPapers)
JEL-codes: K2 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:aza:jdpp00:y:2020:v:3:i:3:p:268-280

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