ABSTRACT
The current regime of the household exemption in European data protection law is flawed and should be reformed. This paper aims to argue that such a reform should be implemented by consistently applying a test of reasonableness. The focus on whether data processing activities are inherently purely personal or household in nature creates uncertainty in the means of determination, difficulties in reaching a fair conclusion, and inconsistencies with the aims of European data protecting law. The proposed test seeks to yield more reasonable conclusions as to the scope of the house exemption and to provide a clearer and more justifiable framework to determine the applicability of the home exemption.
Ng, Sui To, A Classic Solution for a Modern Problem – Fixing the Household Exemption in European Data Protection Law with the Reasonableness Test (June 29, 2023).
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