The word ‘anonymity’ is sometimes used to mean simply ‘not named’, such as when an individual’s name is not published in media reports. However, p. 16authors such as Nissenbaum have argued that the term denotes a more precisely calibrated state of non-identifiability. While the term is not explicitly defined in law, a more rigorous definition would be a state in which an individual is no longer identifiable from formerly personal data, at least within a particular defined context.
An example of the term within EU law is the concept of ‘donor anonymity’, which is assured by tissue and cell donation regulations. The donor must not be identifiable from any means reasonably likely to be used, but this cannot mean ‘non-identifiable by anyone’. Clearly, the clinicians facilitating the donation will know the identity of the donor, and thus ‘anonymity’ in its legal sense should not be understood in absolute terms.
Further reading:
See also: ANONYMISATION, FUNCTIONAL ANONYMISATION, GDPR
Mourby, M., 2020. Anonymity in EU healthcare law: not an alternative to information governance. Medical Law Review, 28(3), 478–501. https://doi.org/10.1093/medlaw/fwaa010.
Nissenbaum, H., 1999. The meaning of anonymity in an information age. The Information Society, 15(2), 141–4. https://doi.org/10.1080/019722499128592.
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Mourby, M., 2020. Anonymity in EU healthcare law: not an alternative to information governance. Medical Law Review, 28(3), 478–501. https://doi.org/10.1093/medlaw/fwaa010.
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Nissenbaum, H., 1999. The meaning of anonymity in an information age. The Information Society, 15(2), 141–4. https://doi.org/10.1080/019722499128592.
