Serge Gutwirth

Profiling the European Citizen

In the eyes of many, one of the most challenging problems of the information society is that we are faced with an ever expanding mass of information. Selection of the relevant bits of information seems to become more important than the retrieval of data as such: the information is all out there, but what it means and how we should act on it may be one of the big questions of the 21st century. If an information society is a society with an exponential proliferation of data, a knowledge society must be the one that has learned how to cope with this. Profiling technologies seem to be one of the most promising technological means to create order in the chaos of proliferating data. In this volume a multi-focal view will be developed to focus upon what profiling is, where it is applied and what may be the impact on democracy and rule of law. The book is the result of research conducted within the framework of the FIDIS (Future of Identity of Information Society) NoE (Network of Excellence).

Legal safeguards for privacy and data protection in ambient intelligence

To get the maximum benefit from ambient intelligence (AmI), we need to anticipate and react to possible drawbacks and threats emerging from the new technologies in order to devise appropriate safeguards. The SWAMI project took a precautionary approach in its exploration of the privacy risks in AmI and sought ways to reduce them. It constructed four “dark scenarios” showing possible negative implications of AmI, notably for privacy protection. Legal analysis of the depicted futures showed the shortcomings of the current legal framework in being able to provide adequate privacy protection in the AmI environment. In this paper, the authors, building upon their involvement in SWAMI research as well as the further advancement of EU privacy analysis, identify various outstanding issues regarding the legal framework that still need to be resolved in order to deal with AmI in an equitable and efficacious way. This article points out some of the lacunae in the legal framework and postulates several privacy-specific safeguards aimed at overcoming them.

European Data Protection: Coming of Age

On 25 January 2012, the European Commission presented its long awaited new Data protection package. With this proposal for a drastic revision of the data protection framework in Europe, it is fair to say that we are witnessing a rebirth of European data protection, and perhaps, its passage from an impulsive youth to a more mature state. Technology advances rapidly and mobile devices are significantly changing the landscape. Increasingly, we carry powerful, connected, devices, whose location and activities can be monitored by various stakeholders. Very powerful social network sites emerged in the first half of last decade, processing personal data of many millions of users. Updating the regulatory network was imminent and the presentation of the new package will initiate a period of intense debate in which the proposals will be thoroughly commented upon and criticized, and numerous amendments will undoubtedly be proposed. This volume brings together some 19 chapters offering conceptual analyses, highlighting issues, proposing solutions, and discussing practices regarding privacy and data protection. In the first part of the book, conceptual analyses of concepts such as privacy and anonymity are provided. The second section focuses on the contrasted positions of digital natives and ageing users in the information society. The third section provides four chapters on privacy by design, including discussions on roadmapping and concrete techniques. The fourth section is devoted to surveillance and profiling, with illustrations from the domain of smart metering, self-surveillance and the benefits and risks of profiling. The book concludes with case studies pertaining to communicating privacy in organisations, the fate of a data protection supervisor in one of the EU member states and data protection in social network sites and online media. This volume brings together some 19 chapters offering conceptual analyses, highlighting issues, proposing solutions, and discussing practices regarding privacy and data protection. In the first part of the book, conceptual analyses of concepts such as privacy and anonymity are provided. The second section focuses on the contrasted positions of digital natives and ageing users in the information society. The third section provides four chapters on privacy by design, including discussions on roadmapping and concrete techniques. The fourth section is devoted to surveillance and profiling, with illustrations from the domain of smart metering, self-surveillance and the benefits and risks of profiling. The book concludes with case studies pertaining to communicating privacy in organisations, the fate of a data protection supervisor in one of the EU member states and data protection in social network sites and online media.

Privacy, data protection and emerging sciences and technologies: towards a common framework

Privacy is an important fundamental human right. It underpins human dignity and other values such as freedom of association and freedom of speech. However, privacy is being challenged in the networked society. The use of new technologies undermines this right because it facilitates the collection, storage, processing and combination of personal data by security agencies and businesses. This research note presents the background and agenda of the recently-commenced research project PRESCIENT, which aims at reconceptualizing the concept of privacy and developing means for the assessment of privacy impacts.

SWIFT and the vulnerability of transatlantic data transfers

The ‘SWIFT affair’ eloquently illustrates the complexities of the protection of personal data in the context of global privacy-invading counterterrorist efforts. At the core of the issue there is not only the possibility for US authorities to secretly (and legally) access information on financial transactions taking place in the European Union (EU), as well as the concerns that this fact might raise regarding the effective protection of personal data guaranteed to European citizens. What is also at stake is the possibility for a European company not to comply with EU data protection legislation as interpreted by competent authorities without facing any sanctions. This paper reviews the developments of the ‘SWIFT affair’ assessing the system failures it portrays, particularly in the light of European data protection. It recalls how the facts were rendered public, focuses on the reactions from different European data protection authorities and bodies (the Belgian Privacy Commission, the Article 29 Working Party and the European Data Protection Supervisor) and offers a view of the ‘solutions’ discussed and implemented. By questioning their opportunity and convenience, it underlines that the major unsolved challenge of EU data protection is the need for a consistent approach to deal with transatlantic data transfers.

Computers, Privacy and Data Protection: an Element of Choice

Thank you very much for downloading computers privacy and data protection an element of choice. As you may know, people have look hundreds times for their favorite books like this computers privacy and data protection an element of choice, but end up in malicious downloads. Rather than reading a good book with a cup of coffee in the afternoon, instead they juggled with some malicious virus inside their computer.This timely interdisciplinary work on current developments in ICT and privacy/data protection, coincides as it does with the rethinking of the Data Protection Directive, the contentious debates on data sharing with the USA (SWIFT, PNR) and the judicial and political resistance against data retention. The authors of the contributions focus on particular and pertinent issues from the perspective of their different disciplines which range from the legal through sociology, surveillance studies and technology assessment, to computer sciences. Such issues include cutting-edge developments in the field of cloud computing, ambient intelligence and PETs; data retention, PNR-agreements, property in personal data and the right to personal identity; electronic road tolling, HIV-related information, criminal records and teenagers online conduct, to name but a few.

Some Caveats on Profiling

In this chapter we endeavor to expose the singularity of profiling techniques, data mining or knowledge discovery in databases. Pursuant to this, we point at a number of caveats that are linked to the specifics of profiling. Those caveats pertain to issues related to dependence, privacy, data protection, fairness (non-discrimination), due process, auditability and transparency of the profilers and knowledge asymmetries. This chapter reiterates and builds further upon some of the findings of our research on profiling we presented in a volume we co-edited: Profiling the European Citizen. Cross-disciplinary Perspectives, which brought together leading experts in the domains of compute science, law and philosophy. We thank these authors, members of the ED funded consortium on the Future of Identity in the Information Society (FIDIS), for their joint effort to compose a handbook on a subject that is mostly discussed from singular disciplinary perspective.

Protecting Dignitary Interests of Biobank Research Participants: Lessons from Havasupai Tribe v Arizona Board of Regents

Since the explosion of research in human genetics some 40 years ago, legal and ethical experts have found it increasingly difficult to balance the societal interests in the advancement of medical science with the participants’ interests, concerns and expectations. The landmark decision in Moore v Regents of the University of California – which ruled that tissue donors do not possess property rights in their excised tissue – as well as widespread fears that genetic information may be used for insurance or employment discrimination, have put ownership and confidentiality issues at the forefront of debate. However, factors beyond the commonly

The illusion of security

A fictional scenario of daily life in a world networked with ambient intelligence illustrates the dark side of the technology and the need for appropriate safeguards.

Shining light on the dark side of ambient intelligence

Purpose – To identify safeguards against threats and vulnerabilities posed by the emerging world of ambient intelligence.Design/methodology/approach – Dark scenarios were constructed to highlight the threats and vulnerabilities; safeguards are identified to address those threats and vulnerabilities and recommendations for specific stakeholders are made for implementing those safeguards.Findings – A multiplicity of threats and vulnerabilities can be expected in the emerging world of ambient intelligence, and a multiplicity of safeguards are similarly necessary to address those.Research limitations/implications – Additional technological research is necessary in order to develop some of the safeguards envisaged as necessary.Practical implications – The existing legal and regulatory regime suffers from various lacunae and must be amended to address AmI challenges. Many stakeholders have important roles to play.Originality/value – The paper identifies necessary safeguards to protect privacy, identity, trust, ...