Bachelor's Thesis Hannah Kiel

Exploring the Legal Perspective on the Use of Privacy-Enhancing Technologies for Data Privacy Compliance

Modern data privacy regulations, such as the GDPR, "mandate the implementation of technical measures for compliance" [1]. Consequently, the use of technical solutions for privacy has increased and will continue to do so. To fulfill the corresponding legal requirements the role of legal professionals is integral. However, this new complexity in data privacy compliance brings new problems for the legal sector. In the first part of this thesis, we will explore the challenges and obstacles that arise for legal professionals in the data privacy compliance process when these technologies are used.

"Privacy-Enhancing Technologies offer promising solutions for data privacy by minimizing personal data use and maximizing data security to safeguard online users' privacy" [2]. Despite these obvious advantages, "PETs are not widely used, mainly due to their complexity and highly academic nature" [1].

The aim of this thesis is to explore potential solutions for the identified challenges associated with PETs in conjunction with their legal aspects. The extent to which legal professionals need to be educated and how the data privacy compliance process regarding PETs can be designed more effectively will be examined.

To achieve this goal, the thesis will be guided by the following three Research Questions: 

1. What is the role of legal experts in supporting the use of Privacy-Enhancing Technologies in the Process of Data Privacy Compliance?
2. What are the obstacles and challenges faced by legal professionals in the process of data privacy compliance when Privacy-Enhancing Technologies are used?
3. What strategies can be implemented to increase the ability of legal experts to support data privacy compliance when Privacy-Enhancing Technologies are used? 

To explore the legal perspective on PETs, we will conduct a systematic literature review and semi-structured expert interviews with individuals from the legal sector who deal with data privacy and data privacy compliance processes. In conclusion, we will perform a survey to verify our findings and gain further insights into practical solutions.

References: 

[1] Meisenbacher. S. J. (2022). Identifying Practical Challenges in the Implementation of Technical Measures for Data Privacy Compliance. [Master’s thesis,Technical University Munich] 

[3] Messmer, F. A. (2022). Identification of Educational Needs for the Competent Use of Privacy-Enhancing Technologies. [Bachelor’s thesis, Technical University Munich]