La dicotomia dati personali e dati non personali: il problema della tutela della persona nei c.dd. dati misti

Verily, the dichotomy between personal and non-personal data is in dire straits, for in various domains, such as healthcare, it appears more expedient or economical to work with mixed data. Though the mix of personal and non-personal information does not absolve the blended data from the safeguarding provided by the GDPR, in actuality, the mighty Tech giants tend to sidestep the principle of consent when it comes to processing data. Therefore, the inclusion of personal and non-personal information necessitates a profound contemplation on the consent for processing the data, as evidenced by recent cases presented to the Luxembourg judge (META c. EDP; SCHUFA). The subject of mixed data is a momentous litmus test for the so-called Brussels effect, i.e., the capacity of the European Union to externalize its vision on privacy, algorithms, and artificial intelligence, even beyond its borders.