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Internet & Privacy

Internet & Privacy. Y. POULLET Prof. at the Univ. of Namur and Liege Dean of the Faculty of Law of Namur Director of the CRID yves.poullet@fundp.ac.be http://www.droit.fundp.ac.be/crid Rome, 17-18 June 2004. I. New characteristics of the environment .

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Internet & Privacy

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  1. Internet & Privacy Y. POULLET Prof. at the Univ. of Namur and LiegeDean of the Faculty of Law of NamurDirector of the CRIDyves.poullet@fundp.ac.behttp://www.droit.fundp.ac.be/crid Rome, 17-18 June 2004

  2. I. New characteristics of the environment A. Omnipresence and multi use of the network - Multiplication and interoperability of the networks and full digitization (GPS/RFID/Internet/GSM/WIFI/Blue Tooth/GRPS/SMS/etc.) Functional separation are disappearing - Multiplication of usages in the daily life

  3. B. Interactivity of the network - User creates by his use his own data - Importance of the consent (Myth of the user empowerment P3P) - Openess of the web (multiplication of traces) - Multiplication of possible processing apart from a primary collection

  4. C. No control by the user of this terminal equipment - Security means time consuming operations - Radical opacity of the functioning of the terminals (spyware/cookies/….)

  5. D. No control by the governments of the internet’s actors - Increasing intervention of private normalization bodies (W3C/IETF/…) • As regards the terminal equipment : no public norms • As regards the c. services providers (IAP/T.O./…)

  6. E. International dimension • Sovereignty of the national state • TBDF or risks of TBDF • Probl. of the localization of the actors • Need for international norms

  7. II. Towards new D.S. rights - Right to remain anonymous and public security requirements - D.S. Right to take benefit from the ICT in order to a better exercice of his right • Right to a transparent and privacy compliant terminal - Right ot be considered as a consumer (class action/ unfair terms of contract)

  8. III. Do we need a new C. of E. Convention on DP? A. BASIC FINDINGS * Definitively, we need a new approach • Privacy is no more a negative concept with a restricted extension - Privacy is now a positive concept covering all personal data in order to ensure a correct equilibrium between D.S. and D.C. and the possibility of selfdetermination within an I.S.

  9. * Privacy is not sufficient : need to protect directly the H. dignity • Ambiguous relationships between Privacy and freedom of expression : Privacy is an absolute prerequisite for ensuring freedom of expression Privacy might not be an unjustified obstacle to the freedom of expression (Linqvist case)

  10. B. Scope - Protection of individuals and groups – usage of « profiles » without direct links with individuals - Personal data: a concept to be redefined – Do we deal with a reality or a risk ? - Need to regulate new actors - the terminal equipment producers - the IAP

  11. C. Quality of data - Fair collection - Legitimate the processing by consent: limits and new questions : surveillance within a family - How to create system as regards the control of subsequent use

  12. D. Sensitivity of data - Identification number - Profiles

  13. E. Security of data - Need for C.S.P. to alert D.S. about risks - Privacy and security by design - Security in broadest sense and privacy : need for int. norms ( I.T – Int. Sec., Trust and Privacy Alliance – ISO/IEC 20886 Draft norms presently in discussion )

  14. F. TBD Flows - To deal with flows or Risk of flows - What does mean flow ? - Need for defining I.P. Law solutions as regards - localization of the services - Applicable law - Competent juridiction - Need to reevaluate the adequacy decisions

  15. Conclusions • PRIVACY HAS DEFINITIVELY GAINED A NEW MEANING • No need for radically new instruments but • Extension of the material scope : from processing to Information systems/From data relative to individuals to data concerning groups • New rights for the data subjects • Need to deepen certain concepts like « compatible processing », « adequate protection », …. • Need to develop data Protection by I.S. design and to regulate certain actors

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