Fredrik is a former legal counsel for one of the mayor insurance companies in Sweden, specialized in personal data protection, tort- and insurance law.
Fredrik’s project is about the right to compensation for damage caused by unlawful processing of personal data. The GDPR provide some basic rules and principles regarding compensation and liability, but far from a complete regulation of the problems or situations treated within tort law. How does liability and the right to receive compensation in these situations differ from what is generally the case in tort law? Do the situations where the protection of personal data come in to play call for other solutions than the ones generally provided by tort law? If that is the case, why is it so and what, more exactly, are the relevant conditions? Yet another important question is if the current legal situation live up to and is suited for the needs the technological and societal developments entail? The general or overarching purpose of the project is to establish and explain the relevant legal conditions for compensation in the case of unlawful processing of personal data. In order to achieve that, the ambition is to present a coherent theory of compensation and liability in relation to data protection. The aim is to provide an understanding that facilitates legal certainty for data subjects and data controllers (and processors) as well as a continued critical discussion on legal developments.