GDPR and New Media Regulation: The Data Metaphor and the EU Privacy Protection Strategy

Data is a key concept in EU privacy policies. Imposing one interpretation of the definition of data (or information) over another can threaten the protection of privacy. This chapter seeks to answer the following question: How do several interpretations of the data metaphor compete to redefine data in privacy policies? The theory of the metaphor suggests that several interpretations coexist in the definition of data, which is embedded in a context (i.e., privacy policies). These interpretations stem from different semantic fields, i.e., technological, economic, and human rights. CDS permits to analyze the metaphor of data in light of these different interpretations. The material analyzed encompasses the privacy policies of the GAFAM, the laws of the EU regulatory framework for privacy that concern telecommunications and data directly, and 14 interviews of lobbyists and EU policymakers. Findings suggest that there are prominent technological and economic interpretations in the redefinition of the metaphor of data in privacy policies, while the human rights interpretation does not have much space left.