Downstream Consent: A Better Legal Framework for Big Data

Reconciling big data techniques with a legal approach relying on prior consent has proved difficult. By definition, when organisations collection personal information for data-led investigations they do not know what the results and impact of their processing will be. This paper suggests how other parts of the current European data protection framework can provide more effective protection for individuals, better guidance for big data users, and more effective tools for regulators. Splitting big data into collection, analysis and intervention stages, and applying appropriate legal provisions to each, could guide the development of privacy-respecting big data techniques that support the needs of individuals, businesses and society.