The Immutable Blockchain Confronts the Unstoppable GDPR

Shoaib, Bisma

Journal: Seattle Journal of Technology, Environmental, & Innovation Law

Volume: 14

Year: 2023

Bluebook Citation: 14 SEATTLE J. TECH., ENVTL. & INNOV. L. (2023)

Author: Bisma Shoaib: all 3 publications


Abstract

The notion that privacy is dispensable and should be sacrificed in exchange for internet access is misguided. In fact, privacy laws are flourishing, highlighting the significance of safeguarding personal information in the digital age. It is crucial to recognize that privacy is not merely a luxury, but a fundamental right that should be upheld, even in the context of online activities. In the ever-evolving landscape of technology, the collision between privacy and innovation becomes increasingly apparent.

This paper delves into the intriguing convergence of the General Data Protection Regulation (GDPR) and blockchain technology, unraveling pivotal issues that arise from this intersection. Firstly, this article explores the compatibility of encryption and hashing mechanisms on the blockchain with GDPR's stringent criteria for anonymous data is analyzed, illuminating the ongoing debates in this area. Secondly, this article considers the challenges to conventional notions of centralized control caused by the intricate task of identifying data controllers within decentralized blockchains, particularly in the dynamic realm of public blockchains. Lastly, this article addresses the perplexing question of exercising data subject rights in decentralized environments, where the immutability of data poses significant hurdles to the practical implementation of rights such as erasure and rectification.

Through a comprehensive analysis of these issues, this article emphasizes the crucial need for the harmonious coexistence of privacy principles and technological advancements.

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