IDENTITATEA DIGITALĂ A SUBIECTULUI TRANSUMAN ŞI LIMITELE PROTECŢIEI OFERITE DE REGULAMENTUL GENERAL PRIVIND PROTECŢIA DATELOR
THE DIGITAL IDENTITY OF THE TRANSHUMAN SUBJECT AND THE LIMITS OF THE PROTECTION OFFERED BY THE GENERAL DATA PROTECTION REGULATION

Summary/Abstract: Abstract: This study examines the issue of the digital identity of the transhuman subject in relation to the limits of protection afforded by the General Data Protection Regulation (GDPR), starting from the premise that the transhuman paradigm challenges the very anthropocentric foundation of European personal data regulation. The legal subject of the GDPR is constructed around the concept of an identifiable natural person, understood as a unitary and stable biological entity. The technological augmentation of the human being through neural implants, biometric devices, digital twins, and brain computer interfaces generates new and complex forms of digital identity that transgress this paradigm. The data produced by an augmented human being are no longer mere information about a person; they are constitutive components of their identity, an integral part of their cognitive and corporal substrate. The article analyses, in the first place, the concept of digital identity in the context of transhumanism, with emphasis on the tensions between biological and informational identity. Secondly, the normative framework of the GDPR in particular the definitions of personal data, special categories of data, the right to erasure, and the prohibition on exclusively automated decision-making is examined through the lens of its capacity to protect the transhuman subject. Thirdly, the study proposes a perspective for reforming the current legal framework, arguing that the protection of the digital identity of the transhuman subject requires a new legal category, distinct from classical personal data, which recognizes the hybrid, continuous and constitutive nature of data generated by the augmented human being.

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