Abstract
The paper aims firstly to assess the future of anti-discrimination measures and policies, above all through the lens of ethnic data utilization. The question posed is not only whether massive collection and usage of such data is viable in relation to its result, but also whether such ethnic data collection is an obligation incumbent upon state authorities, in international and European human rights protection systems in particular. On the other hand, this article aims to compare existence of such obligation with the existing standards on right to privacy and implications for this right stemming from such use of Big Data. The negative impact resulting from such obligation in this regard could weigh heavily on protection of personal data, currently one of the main concerns throughout Europe and the EU.
Highlights
Personal data are at the crossroads nowadays, with data protection, technological development, and right to privacy all playing an essential role in current regulation of the matter
The problem is whether the stricter approach to regulation of personal data and privacy protection collection should prevail, despite the potential benefits the opposite approach could bring to tackle the endemic discrimination against vulnerable communities
The European Committee of Social Rights (ECSR) considered collection of data on basis of ethnicity not as an obligation per se, yet it viewed the practice in conjunction with social rights guaranteed by the European Social Charter (ESC) as a necessary piece of evidence to further assess anti-discrimination policies
Summary
Personal data are at the crossroads nowadays, with data protection, technological development, and right to privacy all playing an essential role in current regulation of the matter. The problem is whether the stricter approach to regulation of personal data and privacy protection collection should prevail, despite the potential benefits the opposite approach could bring to tackle the endemic discrimination against vulnerable communities. The aim of this paper is to establish whether collection of sensitive data can be established as an obligation stemming from responsibility of states to protect human rights. If the results cannot conclusively support the equality data collection as an obligation of states, the paper seeks to outline the dangers of such practice, and consider the necessary safeguards, should the collection and utilization of ethnic data be contemplated as a good practice
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