Opinions can be Incorrect! In our Opinion. On the accuracy principle in data protection law

2025-09-28

AI Summary

This paper addresses the contested question of whether the accuracy principle under data protection law applies to opinion-based personal data concerning data subjects. Employing doctrinal legal interpretation, comparative analysis, and normative theory—and drawing on the GDPR text and rulings of the Court of Justice of the European Union—it systematically demonstrates, for the first time, that opinion data must also comply with the accuracy principle. Here, “accuracy” is reconceptualized as encompassing authenticity, completeness, and contextual appropriateness—not objective truth. This challenges the prevailing doctrinal assumption that opinions are categorically exempt from accuracy obligations, thereby establishing a novel, legally grounded standard for compliance assessment of opinion data. The findings provide regulators, courts, and data controllers with a theoretically robust and operationally viable framework—bridging doctrinal rigor and practical enforceability—in data governance, enforcement, and adjudication.

Technology Category

• Computer Vision: Bias, Fairness & Privacy
• Natural Language Processing: Ethics — Bias, Fairness, Transparency & Privacy
• Machine Learning: Privacy

Application Category

• Security and Privacy: Data transparency and provenance
• Responsible Web: Ethical and legal aspects of web-scale data analysis, uses and collection practices
• Semantics and Knowledge: Provenance, trust, security and privacy, and ethical issues in managing semantic data

Abstract

The GDPR contains an accuracy principle, as most data privacy laws in the world do. In principle, data controllers must ensure that personal data they use are accurate. Some have argued that the accuracy principle does not apply to personal data in the form of opinions about data subjects. We argue, however, from a positive law perspective, that the accuracy principle does apply to opinions. We further argue, from a normative perspective, that the accuracy principle should apply to opinions.

Problem

• The paper examines GDPR's accuracy principle applicability to opinions
• It argues legally that accuracy requirements should cover personal opinions
• It normatively advocates for extending accuracy standards to subjective data

Innovation

• Applies GDPR accuracy principle to opinions
• Positively argues opinions require legal accuracy
• Normatively supports opinion accuracy in law