SENSITIVE DATA IN THE ONLINE ENVIRONMENT: TIME FOR A CHANGE?

摘要

The article examines the concept of sensitive data as defined under the Data Protection Directive 95/46/EC (DPD) and considers whether the categorization of sensitive data should be amended in the light of technological developments. The DPD was passed back in 1995 to harmonize the laws of data protection within the European Union. Drafted before the Internet fully became mainstream, the article contends that the existing criterion laid down under Article 8(1) of the DPD can be over reaching when applied to the Internet.