The Role of Human Dignity in Processing (Health) Data Building on the Organ Trade Prohibition

Abstract

The datafication, commodification and commercialization of our existence as an inevitable part of the online infrastructure of today, not only affects our privacy but it goes deeper by touching upon even more fundamental conditions of being human. In this chapter, bio-medical regulations prohibiting the trade of human body parts are explored to see whether the non-commercialization principle in these laws is helpful in assessing data processing practices. An analogy between data processing and organ trade may help us to develop a new perspective on what constitutes improper commercial use of personal data and find ways to prohibit (reprehensible aspects of) the trade in personal data. We propose to reorient the debate on data processing by introducing the notion of human dignity as constraint into the discussion. A prohibition of personal data commercialism (analogous to a prohibition of transplant commercialism) could contribute to a more future-proof regulation of data processing activities.