Dove and Chen, ‘What does it mean for a data subject to make their personal data “manifestly public”? An analysis of GDPR Article 9(2)(e)’

KEY POINTS
This article investigates an under-discussed and potentially significant provision in the EU General Data Protection Regulation (GDPR), namely Article 9(2)(e), which permits processing of special category personal data if the ‘processing relates to personal data which are manifestly made public by the data subject’. This provision may be of increasing interest to data controllers in a variety of cloud-based, internet-related, and/or social media contexts. We specifically consider the application of this provision in the context of genetic data and open data sharing (ie data that can be freely used, re-used, and redistributed by anyone) …

Edward S Dove and Jiahong Chen, What does it mean for a data subject to make their personal data ‘manifestly public’? An analysis of GDPR Article 9(2)(e), International Data Privacy Law, https://doi.org/10.1093/idpl/ipab005. Published: 23 February 2021.

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