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Scraping personal data from internet pages : a comparative analysis of the Polish Bisnode decision and the US hiQ Labs v LinkedIn Corp judgment

(2020) EUROPEAN LAW REVIEW. 45(6). p.857-869
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Abstract
This article comments on the recent case law developments in the European Union (EU) and the US relating to the scraping of personal data. The Polish Data Protection Authority Decision in Bisnode and the US hiQ v LinkedIn judgment show that the practice of scraping not only raises different legal problems in the two jurisdictions but also brings about different (and possibly conflicting) approaches to the regulation of scraping. The discrepancy lies in the difference between the American "right to privacy" and the European "protection of personal data". Moreover, the EU and the US give different weight to commercial interests of data scrapers, as compared to the rights of individuals. Finally, from a procedural point of view, the two systems grant different positions to individual data subjects as opposed to the data controllers and processors. The different approaches to scraping reflect a broader disagreement on the approach to data protection, which slowly reaches its limits and creates a division in the otherwise boundaryless digital world.
Keywords
Comparative law, Data collection, Data protection, Data subjects, Personal data, Poland, Privacy, United States

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MLA
Gulczynska, Zuzanna. “Scraping Personal Data from Internet Pages : A Comparative Analysis of the Polish Bisnode Decision and the US HiQ Labs v LinkedIn Corp Judgment.” EUROPEAN LAW REVIEW, vol. 45, no. 6, 2020, pp. 857–69.
APA
Gulczynska, Z. (2020). Scraping personal data from internet pages : a comparative analysis of the Polish Bisnode decision and the US hiQ Labs v LinkedIn Corp judgment. EUROPEAN LAW REVIEW, 45(6), 857–869.
Chicago author-date
Gulczynska, Zuzanna. 2020. “Scraping Personal Data from Internet Pages : A Comparative Analysis of the Polish Bisnode Decision and the US HiQ Labs v LinkedIn Corp Judgment.” EUROPEAN LAW REVIEW 45 (6): 857–69.
Chicago author-date (all authors)
Gulczynska, Zuzanna. 2020. “Scraping Personal Data from Internet Pages : A Comparative Analysis of the Polish Bisnode Decision and the US HiQ Labs v LinkedIn Corp Judgment.” EUROPEAN LAW REVIEW 45 (6): 857–869.
Vancouver
1.
Gulczynska Z. Scraping personal data from internet pages : a comparative analysis of the Polish Bisnode decision and the US hiQ Labs v LinkedIn Corp judgment. EUROPEAN LAW REVIEW. 2020;45(6):857–69.
IEEE
[1]
Z. Gulczynska, “Scraping personal data from internet pages : a comparative analysis of the Polish Bisnode decision and the US hiQ Labs v LinkedIn Corp judgment,” EUROPEAN LAW REVIEW, vol. 45, no. 6, pp. 857–869, 2020.
@article{8684757,
  abstract     = {This article comments on the recent case law developments in the European Union (EU) and the US relating to the scraping of personal data. The Polish Data Protection Authority Decision in Bisnode and the US hiQ v LinkedIn judgment show that the practice of scraping not only raises different legal problems in the two jurisdictions but also brings about different (and possibly conflicting) approaches to the regulation of scraping. The discrepancy lies in the difference between the American "right to privacy" and the European "protection of personal data". Moreover, the EU and the US give different weight to commercial interests of data scrapers, as compared to the rights of individuals. Finally, from a procedural point of view, the two systems grant different positions to individual data subjects as opposed to the data controllers and processors. The different approaches to scraping reflect a broader disagreement on the approach to data protection, which slowly reaches its limits and creates a division in the otherwise boundaryless digital world.},
  author       = {Gulczynska, Zuzanna},
  issn         = {0307-5400},
  journal      = {EUROPEAN LAW REVIEW},
  keywords     = {Comparative law,Data collection,Data protection,Data subjects,Personal data,Poland,Privacy,United States},
  language     = {eng},
  number       = {6},
  pages        = {857--869},
  title        = {Scraping personal data from internet pages : a comparative analysis of the Polish Bisnode decision and the US hiQ Labs v LinkedIn Corp judgment},
  volume       = {45},
  year         = {2020},
}

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