This paper argues in favor of a hybrid conception of identity. A common conception of identity in datafied society is a split between a digital self and a real self, which has resulted in concepts such as the data double, algorithmic identity, and data shadows. These data-identity metaphors have played a significant role in the conception of informational privacy as control over information—the control of or restricted access to your digital identity. Through analyses of various data-identity metaphors as well as (...) philosophical accounts of identity, we argue in favor of a hybrid conception of identity that emphasizes the relations between the ‘real’ and the ‘digital’. A hybrid conception of identity—where the digital is an aspect on par with social relations, self-understanding, and values—ultimately calls for an understanding of privacy as the right to influence one’s own identity. (shrink)

The United Nations confirmed that privacy remains a human right in the digital age, but our daily digital experiences and seemingly ever-increasing amounts of data suggest that privacy is a mundane, distributed and technologically mediated concept. This article explores privacy by mapping out different legal and conceptual approaches to privacy protection in the context of datafication. It provides an essential starting point to explore the entwinement of technological, ethical and regulatory dynamics. It clarifies why each of the presented approaches emphasises (...) particular aspects and analyses the tensions that arise. The resulting overview provides insight into the main strengths and limitations of the different approaches arising from specific traditions. This analytic overview therefore serves as a key resource to analyse the usefulness of the approaches in the context of the increasing datafication of both private and public spheres.Specifically, we contrast the approach focusing on data subjects whose data are being ‘protected’ with others, including Fair Information Practice Principles, the German right to ‘informational self-determination’, and the South American ‘habeas data’ doctrine. We also present and contrast emerging approaches to privacy and discuss their intersection with datafication. In conclusion, we put forth that rather than aiming for one single solution that works worldwide and across all situations, it is essential to identify synergies and stumbling blocks between the various regulatory settings and newly emerging approaches. (shrink)