Thursday, March 25, 2021

11:30 AM 12:30 PM

Microsoft Teams. Please contact us to register for this workshop at lrcd@usherbrooke.ca.

Presented by: MOUMOUNI KRISSIAMBA OUIMINGA, law student at the University of Sherbrooke.

Summary: There is, for each individual, some information which can allow to identify him/her as an identified or identifiable natural person in the information society. Positive law qualifies this information as "personal data". This definition is broad and currently under discussion. For example, the G29 noted the existence of "a certain degree of uncertainty and diversity in European practices" on important aspects of this concept and recognized the need to conduct an in-depth analysis. Moreover, Dominique Boullier argues that the concepts "personal data" and "privacy" are inoperative legal fictions. His colleague Yves Poullet rather considers that personal data, or at least their protection, is best understood as a derivative of the right to privacy, which is its foundation. However, the trend within the European Union and the Council of Europe is towards the consecration of an autonomous "quasi-constitutional" right to the protection of personal data which is distinct from the right to privacy. These considerations justify and place at the heart of the debate, the reflection on these concepts, their links and interactions. In our opinion, we consider that the definition of the concept "personal data" and its supposed basis no longer manage to grasp the whole reality, particularly the socio-economic reality of the digital ecosystem. Therefore, it seems important from an epistemic point of view to deepen the analysis by ontologically questioning even the concept and its foundation. The present workshop aims to take stock of the situation, to provoke reflection and possibly to suggest ways of advancing knowledge in the field.