GDPR and Blockchain: What does this Mean for In-house Counsel?

Natalia D'Agostini, Paralegal, Insurance & Care NSW, Australia

The General Data Protection Regulation (‘GDPR’) has a broad impact affecting all organisations in the European Union as well as those that do business with the European Union. Although the GDPR purports to dictate the way non-EU nations manage personal data, it misses an opportunity to deal with new disruptive technologies such as Blockchain. This paper will first discuss the status of the GDPR, including its broad jurisdiction and the merits of Blockchain technology. This paper will argue that Blockchain offers more integrity, transparency and efficacy of data. In addition, while Blockchain cannot guarantee a ‘right to be forgotten’ it offers more control to individuals over their data. Accordingly, Blockchain is better equipped to deliver on the aims of the GDPR. Secondly, this paper will examine the Australian privacy framework and the GDPR and argue that these frameworks are aligned. Finally, this paper will conclude that regulators in Australia have a mission to consider new technologies as a way of protecting privacy, while at the same time accommodating for the principles of the GDPR.

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Australia Data Protection Insurance October 2018 Vol.12, No. 45, Autumn 2018

Natalia D'Agostini

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Natalia D'Agostini is a paralegal at Insurance and Care NSW and is currently undertaking a Bachelors of Laws at Macquarie University.

Insurance & Care NSW

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Insurance & Care NSW (icare) protects, insures and cares for injured workers, employers, severely injured road users, builders, homeowners, as well as the public buildings and landmarks. icare is the largest not-for-profit insurance organisation in Australia and ensures 296,000 businesses including 193 NSW Government Agencies, 4 million employees, 1,200 people who have been severely injured in motor accidents and 4,500 workers and dependants who are affected by work related dust diseases. We also protect $180 billion of NSW’s most precious assets, including the iconic Sydney Opera House, the Sydney Harbour Bridge, schools and hospitals.

Australia Data Protection Insurance October 2018 Vol.12, No. 45, Autumn 2018