Abstract

A relatively new area of concern regarding privacy and data protection is the increasing use made of inferences drawn upon the vast amounts of personal information that is routinely collected. Ever since the early days of what has become the era of big data, people have massaged data with hopes of gaining insight into human behavior. While the European Union has generally been far ahead of the United States in protecting data with respect to its collection and use, the sophistication of analytical tools may have outpaced the protection provided by the General Data Protection Rule (GDPR). While the GDPR clearly provides protection for the data itself, there may not be sufficient protection for some of the inferences drawn from that data. Probably not surprisingly, the brand new California Consumer Privacy Act (CCPA) specifically addresses this issue. While there are a number of articles that examine the similarities and the differences between the GDPR and the CCPA, this is one of the first that focusses on “inferences drawn” from data.

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