The purpose of the essay is to examine and analyze if individuals are ensured anefficient protection against violations of personal integrity when using cookiesonline. This is done through both a de lege lata and a de lege ferenda perspective.To do this a technical perspective of what cookies are is applied, as well as howthey can amount to a threat to personal integrity. What personal integrity is andhow it can be protected are questions which are answered through the methodof legal dogmatics as well as the EU legal method, while the question if the protectionis sufficient is answered through the method of legal informatics. The investigation in the matter led to the result of a definition of what is tobe understood by personal integrity within the framework of the essay, whichcan be described as the right to have control over the spread of sensitive information.In addition to this it is shown in the essay that personal integrity in relationto cookies is protected through the means of collecting consent before placingcookies. The mechanism of collecting consent is in theory an appropriate wayto ensure control for the individual. Even so, practical studies in the field indicatethat the regulation does not meet compliance by the market participants sufficientlywhen collecting consent to the use of cookies. Due to this it cannot beclaimed that personal integrity is efficiently protected in practice. Since the de lege lata result show indications of lack of compliance the conclusionis that the current regulations are not sufficiently enough protecting personalintegrity of individuals. The forthcoming e-Data protection Regulationmight offer some solutions to this compliance issue, but as shown in the de legeferenda-discussion there is a need to combine regulatory solutions with technicaltools to enforce a comprehensive compliance by the market participants in practice.The combined solution will give both individuals and supervisory authoritiesthe tools necessary to protect personal integrity, while the collection of consentcan continue to be the regulatory mechanism used to protect personal integrity.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:su-191162 |
| Date | January 2021 |
| Creators | Franck, Adéle |
| Publisher | Stockholms universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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