ABSTRACT

This chapter explores the concept of data protection by design in Smart Data environments as a means of compliance with the fundamental principles of data protection and provides a detailed understanding of the concepts of personal data, controller, processor, and joint-controller, and the methodology of data protection impact assessments. The author makes use of high-level European Union regulations and legal opinions in combination with empirical research and knowledge gained in the field to draw the globally relevant conclusion that data protection by design represents a prerequisite for the lawful generation of Smart Data. In fact, Smart Data cannot be produced if the data are not lawfully collected in a way that enables their analysis. Legal compliance should therefore be regarded as one of the main enablers of Smart Data.