From the protection of data to the protection of individuals: Extending the application of non-discrimination principles

Abstract

Starting from the observation that it is increasingly difficult to effectively control a priori all data collections or the production of new knowledge on individuals, we argue that the only available option is to strengthen a posteriori controls on the use of personal data and to ensure that the victims of data misuses can get compensations which are significant enough to represent a deterrence for data controllers. We also argue that the consequences of such misuses of personal data often take the form of unfair discriminations and this trend is likely to increase with the generalisation of the use of profiles. For this reason, we advocate the establishment of stronger connections between anti-discrimination and data protection laws, in particular to ensure that any data processing resulting in unfair differences of treatments between individuals is prohibited and is subject to effective compensations and sanctions.