Permacrisis: blockchain’s plan to fix the normative challenges in EU data protection law

Permacrisis has also reached the doorstep of European Union (EU) personal data law. It is no surprise that this has prompted a major reevaluation of significant normative issues in the field. The primary challenge lies in the rapid growth of advanced technologies, such as blockchain. This raises the first question: “What is a blockchain?” A collection of permanent records linked together and highly resistant to alteration. In other words, a 21st-century revolution which repeatedly tests traditional frameworks such as the General Data Protection Regulation (GDPR). The GDPR’s ’right to be forgotten’ principle, which allows data subjects to request the deletion of their personal data, conflicts with the immutable nature of blockchain. Furthermore, the integration of blockchain into existing legal systems raises issues of compatibility and effectiveness. This paper discusses the conflict by examining several examples from EU member states, beginning with the Berlin-based company BigchainDB’s initiative and extending to Italy’s challenges in reconciling GDPR principles with new sector-specific requirements. Finally, it offers multi-faceted approaches necessary to address the significant challenges posed by blockchain.