Personal Data or Anonymous Data: where to draw the lines (and why)?

JOTTERAND, Alexandre. Personal Data or Anonymous Data: where to draw the lines (and why)? Jusletter, 15 August 2022.

Abstract (AI generated)

The concept of personal data is as complex as it is important. This article analyses key legal issues surrounding the concept. It exposes the flaws of the “absolute vs relative” approaches regularly used by legal scholars to address identifiability and proposes a new test, duly taking into account the environment in which the data is processed. It further analyses the handling and transfer of pseudonymised data in light of decisions of the Federal Supreme Court and cantonal courts, and the resulting obligations for both data provider and data recipient.