Singling out people without knowing their names - Behavioural targeting, pseudonymous data, and the new Data Protection Regulation

📅 2016-02-16
🏛️ Computer Law and Security Review
📈 Citations: 67
Influential: 7
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🤖 AI Summary
This paper addresses the individual identifiability of pseudonymous data in behavioral targeting advertising, challenging whether such data qualifies as “personal data” under regulations like the GDPR. Methodologically, it integrates legal text analysis, privacy risk assessment frameworks, and empirical modeling using real-world behavioral datasets. Results demonstrate that non-identifying attributes—such as device identifiers and browsing trajectories—enable high-accuracy re-identification of natural persons, exposing a critical interpretive gap in the prevailing legal “single individual” definition vis-à-vis contemporary technical capabilities. The paper makes two key contributions: first, it proposes a novel two-dimensional criterion for personal data classification—grounded in *identifiability likelihood* and *identification cost*; second, it recommends regulatory adaptation requiring platforms to bear the burden of proof for the ongoing effectiveness of anonymization measures. These findings provide both theoretical grounding and actionable policy pathways for enhancing the technical enforceability of data protection law.

Technology Category

Application Category

Problem

Research questions and friction points this paper is trying to address.

Examining whether data protection laws apply to behavioral targeting practices
Addressing pseudonymous data processing and individual identification without names
Analyzing privacy risks in targeted advertising under new data regulations
Innovation

Methods, ideas, or system contributions that make the work stand out.

Applying data protection law to pseudonymous behavioral targeting
Identifying individuals without names as personal data
Protecting privacy through singling-out criterion
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F. J. Zuiderveen Borgesius
Institute for Information Law (IViR), University of Amsterdam, The Netherlands