A Brief History of Data Protection by Design

Article 25(1) of the General Data Protection Regulation (“GDPR”) is the first provision that comes to mind when discussing data protection by design. Yet, the origins of that concept can be traced back to an idea that was already solidly established in the software engineering community before its adoption. Besides, the GDPR is not the first binding piece of legislation that incorporates such an obligation. This paper unravels the history of data protection by design by delving into its technical roots and outlining the national and EU initiatives that have preceded the GDPR. Such a retrospective provides the necessary background to understand the implications and scope of its current manifestation in the text of the Regulation.