Opinions can be Incorrect! In our Opinion. On the accuracy principle in data protection law

The GDPR contains an accuracy principle, as most data privacy laws in the world do. In principle, data controllers must ensure that personal data they use are accurate. Some have argued that the accuracy principle does not apply to personal data in the form of opinions about data subjects. We argue, however, from a positive law perspective, that the accuracy principle does apply to opinions. We further argue, from a normative perspective, that the accuracy principle should apply to opinions.

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Publication Details

Journal
SSRN Electronic Journal
Published
2025-09-28
DOI
https://doi.org/10.48550/arxiv.2509.23848
Primary Topic
Privacy, Security, and Data Protection
Type
article
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Opinions can be Incorrect! In our Opinion. On the accuracy principle in data protection law

Dara Hallinan, Frederik Zuiderveen Borgesius
SSRN Electronic Journal
Privacy, Security, and Data Protection
article

Opinions can be Incorrect! In our Opinion. On the accuracy principle in data protection law

Dara Hallinan, Frederik Zuiderveen Borgesius
article en

Abstract

The GDPR contains an accuracy principle, as most data privacy laws in the world do. In principle, data controllers must ensure that personal data they use are accurate. Some have argued that the accuracy principle does not apply to personal data in the form of opinions about data subjects. We argue, however, from a positive law perspective, that the accuracy principle does apply to opinions. We further argue, from a normative perspective, that the accuracy principle should apply to opinions.

SSRN Electronic Journal
Radboud University Nijmegen (NL), FIZ Karlsruhe – Leibniz Institute for Information Infrastructure (DE)
Decent work and economic growth
Privacy, Security, and Data Protection
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