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

October 2018

Abstract

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.

Company

Insurance & Care NSW

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.

With less than two years to go until the implementation of the General Data Protection Regulation, in the next in a series of articles on data privacy, Claire Walsh and...Read more

Liam Russell

Legal Director, Chartered Insurance Institute, UK

Prevent Me if You Can

Frank W. Abagnale is probably the best known identity thief and author of Catch Me if You Can and The Art of the Steal. Mr. Abagnale, now fully-reformed and a...Read more

Mike Fahey

General Counsel/Company Secretary, Thrasio, UK

General Counsel Role & AI

In a historical phase characterized by important and rapid changes, it’s essential that companies make decisions quickly and consciously within an increasingly complex and continually evolving regulatory framework. In this context,...Read more

Cristina Rustignoli

General Counsel , Generali Italia, Italy

Stefano Diego Oliva

Functional Governance & Program Management - Presidio Normativo Country General Counsel, Generali, Italy

Outcomes of a Contemporary Credentialing and Privileging Program in a Dental School

The current credentialing and privileging climate has evolved due to a risk reduction/management awareness of increased institutional legal liability. This recognition affects dental colleges and has caused the implementation of...Read more

David Heinlein

Staff Counsel, Cincinnati Insurance, USA

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

Abstract

Author

Company

Insurance & Care NSW

Related Papers