Journal of International Commercial Law and Technology, Vol 2, No 4 (2007)

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Data Sensitivity: Proposals for Resolving the Conundrum

Karen McCullagh

Abstract


The EU Directive 95/46/EC specifically demarcates categories of sensitive data meriting special
protection. It is important to review the continuing relevance of existing categories of sensitive data in the light of
changes in societal structures and advances in technology. This paper draws on interviews with privacy and data
protection experts from a range of countries and disciplines and findings from the Information Commissioner’s
annual telephone survey of the British public in order to explore satisfaction with the current categories of
sensitive data. It will be shown that the current classification of sensitive data appears somewhat outdated and
thus ineffective for determining the conditions of data processing. Finally, possible reform proposals will be
reviewed, including a purpose-based approach and context-based approach.

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JICLT is a member of the Directory of Open-Access Journals (www.doaj.org). ISSN: 1901-8401.