Big data and 'personal information' in Australia, the European Union and the United States

Information that can be associated with an identifiable individual is given special treatment in law in many countries. This ‘personal information’ ,as it is called in Australia, attracts the coverage of privacy and data protection law. The scope of the information that fits within the relevant definition varies between jurisdictions, and is a core concern of this chapter. This chapter commences with a look at what constitutes Big Data, and methods of de-identification within Big Data analysis. The next section addresses the differing definitions of ‘personal information’ and its equivalents in Australia, the US and Europe. We then offer a short comparative section before addressing the question: to what degree does the ability to de-identify information push Big Data practices out of or into the scope of ‘personal information’ and hence into privacy legislation? Legal developments in Australia, the US and particularly the EU are considered.