欧盟议会：《区块链与通用数据保护条例》（Blockchain and the General Data Protection Regulation）报告.pdf

1、STUDY Panel for the Future of Science and Technology EPRS | European Parliamentary Research Service Scientific Foresight Unit (STOA) PE 634.445 July 2019 EN Blockchain and the General Data Protection Regulation Can distributed ledgers be squared with European data protection law? Blockchain and the

2、General Data Protection Regulation Can distributed ledgers be squared with European data protection law? Blockchain is a much-discussed instrument that, according to some, promises to inaugurate a new era of data storage and code-execution, which could, in turn, stimulate new business models and mar

3、kets. The precise impact of the technology is, of course, hard to anticipate with certainty, in particular as many remain sceptical of blockchains potential impact. In recent times, there has been much discussion in policy circles, academia and the private sector regarding the tension between blockc

4、hain and the European Unions General Data Protection Regulation (GDPR). Indeed, many of the points of tension between blockchain and the GDPR are due to two overarching factors. First, the GDPR is based on an underlying assumption that in relation to each personal data point there is at least one na

5、tural or legal person the data controller whom data subjects can address to enforce their rights under EU data protection law. These data controllers must comply with the GDPRs obligations. Blockchains, however, are distributed databases that often seek to achieve decentralisation by replacing a uni

6、tary actor with many different players. The lack of consensus as to how (joint-) controllership ought to be defined hampers the allocation of responsibility and accountability. Second, the GDPR is based on the assumption that data can be modified or erased where necessary to comply with legal requir