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Internal Research Seminar by Dr. Damian Clifford on “Data Protection Law and Emotion”

Event Details

Event Start Date
01 Nov 2024
Event End Date
01 Nov 2024

On 1 November 2024, we had the privilege of hosting Dr Damian Clifford (The Australian National University) for an internal research seminar on Data Protection Law and Emotion at SMU.

Drawing from his book, Dr Clifford explained that data protection law is often positioned as a regulatory solution to risks posed by computational systems. Despite widespread adoption, skepticism remains regarding its capacity to drive change. Much of this criticism focuses on our role as 'data subjects', highlighting our limited capacity to act in our own best interests, often leading to decisions that affect others. These decision-making constraints seem like an inevitable result of today’s technological, social, and economic landscape. Dr Clifford pointed out that data protection law reflects these limitations, establishing frameworks for consent and subjective control rights while relying on data processors to handle information fairly.

Dr Clifford also argues that the (in)effectiveness of these laws is more complex than critics often suggest. He emphasized the conceptual value of subjective control, explored through insights from law and emotion scholarship, and examined the role emotions play in decision-making. We thank Dr Clifford for providing an insightful and valuable perspective, underscoring the importance of subjective control within the data protection framework.