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In a report for Lexology, McGuireWoods LLP's Paul Van den Bulck examines the concept of “privacy by default” or “the design of an information system whose technical architecture is, at its roots, intended to ensure the safety and confidentiality of personal data.” However, he cautions, the notion of privacy by default as a “winning racehorse” has its limits. Van den Bulck cites the Court of Justice of the European Union’s May decision in a case involving a Portuguese employer as indicating privacy by default as “proposed by the European Commission in the draft General Data Protection Regulation, even if adopted, is not absolute.” (Registration may be required to access this story.)
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