1. Privacy in the Age of Big Data
Bart van der Sloot
Institute for Information Law (UvA)
Amsterdam Platform for Privacy Reserach
Netherlands Scientific Council for Government Policy

2. Research interests
Do data protection rules protect the individual and should they? An assessment of the proposed General Data Protection Regulation, International Data Privacy Law,
Privacy in the post-nsa era: time for a fundamental revision?, JIPITEC,
Current research: Virtue Ethical approach

3. Overview Current paradigm 2. Big Data and the NSA
3. Privacy and virtue ethics

4. 1. Current paradigm
European Convention on Human Rights of the Council of Europe (1950) ARTICLE 8 - Right to respect for private and family life 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

5. 1. Current paradigm 1. Individual right 2. Individual interest
Focussed on natural persons
No actio popularis, hypothetical or abstract claims
2. Individual interest
Only indivudal interests
Relative interests
3. Balanced with societal interest
Mostly confliciting with societal interest
Private and public interest are balanced

6. 2. Big Data Massive amounts of data stored
By citizens (smartphones), businesses (cookies) and states (covert surveillence)
Use/goal only clear after processing
Not targeted at specific individuals
Data mostly aggregated – group profiles and statistical patterns
Datasets shared, connected and harvested

7. 2. Big Data 1. Individual right 2. Individual interest
Unaware of potential violation
Unable to claim right (in practical sense)
2. Individual interest
Individual interest vague and abstract
Societal interest at stake?
3. Balanced against each other
Societal interests vague and abstract
Absolute norms?

8. 3. Virtue ethics
1. Focus on agent: Shift of burden of proof and focus on the quality of the action 2. Focus on character (consequences and intentions)
3. Focus on virtues: Virtues of Temperence, Honesty and Prudence

9. 3. Virtue ethics
1. Privacy should not only be regarded as an individual right, but also a general virtue of the state (class actions, DPA, civil society)
2. Privacy should not only be about the consequences for the citizen, but also about the good character of the state (hypothetical, abstract and a-priori claims) and on the ulterior interests of the citizens
3. Privacy cases should not only be resolved by balancing different interests, but also by assessing the virtuousness of actions as such (intrinsic assessement)