Article | REF: TR710 V2

Traceability and individual freedoms

Author: Eric BARBRY

Publication date: November 10, 2022

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3. An apparent conflict of legitimacy

The conflict of legitimacy arises when the right to trace can affect individual liberties. In the field of traceability, the greatest risk is undoubtedly that of non-compliance with the Data Protection Act.

It is often thought that this conflict is real, but it should be remembered from the outset that in some cases, provisions relating to traceability themselves include provisions relating to the protection of personal data or individual freedoms.

3.1 Conflict of anticipated legitimacy

In many cases, the legal or regulatory framework for traceability includes provisions concerning compliance with the 1978 Data Protection Act.

The same is true of traces in the world of electronic communications and the Internet....

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An apparent conflict of legitimacy