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Law and Technology: Anonymity and Right to Anonymity in a Connected World
Abstract
In this chapter the authors analyze the concept and definitions of anonymity in the modern connected world. In particular, they explore if modern technology renders complete anonymity impossible and if a new definition of anonymity needs to be adopted. They examine examples of anonymous use of technology that illustrate the complexity of the concept of anonymity and demonstrate that access to anonymity is not uniform for data owners with regard to multiple data controllers and audiences in complex systems and processes. They evaluate legal definitions of “anonymity” and “anonymous data” as well as the right to anonymity provided in the European directives and by some European statutes, observing that anonymity cannot be absolute, that only “relative” anonymity is realistic in the present technological environment, and that different degrees of anonymity exist. They address the issue of measuring these degrees or levels of anonymity in complex systems, in order to provide a new foundation for a nuanced and comprehensive understanding of anonymity. The authors conclude that the concept of relative anonymity can become the basis for a new and more effective approach to personal data protection.
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