Anja Elisabeth Dekhuijzen 

Anja started her PhD at Vrije Universiteit Brussels and Maastricht University in 2023.

Her research examines proportionality in the General Data Protection Regulation (GDPR), with an emphasis on Article 6(1)(f) GDPR, which regulates that controllers may process personal data of data subjects without their consent, as long as it is necessary for the controller’s legitimate interests. A balancing test by the controller is required prior to processing, in which fundamental rights of the data subjects should be taken into account. Her research intends to provide clarity on how this balancing test should be performed, with an eye on Articles 8 and 52(1) of the EU Charter of Fundamental Rights. A legal philosophical analysis of the principle of proportionality is included, with the proportionality theory of Robert Alexy as starting point. Ronald Dworkin’s work is analyzed regarding the tension between interests and fundamental rights, which is at the core of Article 6(1)(f) GDPR.

An underlying question is, is the current set of fundamental rights laid down in the Charter sufficient, or should a new fundamental right, for instance pertaining to the digital world, emerge, also in view of the GDPR? This touches on data subject rights in the GDPR.

Anja is an experienced IT and Privacy attorney (advocaat), based in Amsterdam. She holds two Master degrees in Dutch law and legal public administration from the Universiteit van Amsterdam. Moreover, she obtained a Master degree from New York University Law School.