Data Protection and the Role of Fairness

TLDR

Fairness is often cited as a key tenet of EU data protection law, yet its precise role remains unclear and is argued to be distinct from other principles, prompting a need to clarify its importance in the GDPR. The article seeks to examine and clarify the fairness principle in EU data protection law, aiming to provide initial steps toward a more thorough understanding of its role and importance in the GDPR. The authors analyze fairness by dividing it into procedural fairness and fair‑balancing elements, as reflected in the GDPR’s checks and balances. The analysis reveals gaps and shortcomings in the current understanding of fairness, highlighting the need for further research into its precise contours.

Abstract

The purpose of this article is to examine the principle of fairness as it appears in EU data protection law. Despite the fact that this principle is often referred to as a key tenet of the data protection framework, a precise understanding of its role remains elusive. As such, this article aims to provide the first steps towards a more thorough understanding of the fairness principle. This is significant as it is argued that fairness is delineated from the other data protection principles and thus this article aims to clarify its overarching role and importance in the General Data Protection Regulation (GDPR). The article divides the fairness principle into procedural fairness and fair balancing elements which are evident in the fairness checks and balances in the GDPR. Building on this analysis the article identifies gaps, shortcomings and areas for future research thus calling for further analysis on the precise contours of the fairness principle.