Law, IT and personal data protection - legislative framework lags behind the IT development framework lags behind the IT development Nataša Pirc Musar Information Commissioner, Republic of Slovenia Hong Kong, 4th of January, 2010
Modern Digital Technologies • L Legislative Framework (always lags i l ti F k ( l l ages behind the IT) • Law of the Net (Global Agreement) • “We might not be able to stop you from g p y doing bad things, but if we catch you, there will be consequences” • If we…, regarding data protection, strong inspection tools are needed • A lot of media support, quality prevention, awareness campaigns g
Proportionality Principle • Data prevention v. data retention • everybody is a potentional criminal G i Going back to internet… b k t i t t German Constitutional Court has set strict limits to the law enforcement authorities (especially to the secret services) with regard to secret supervision of the computers. They are only allowed to supervise the computers in possession of individuals with f special programmes (types of Trojan horses) in extreme cases when concrete threat to life or state exists. C ll Collection of data in advance ‘to have in stock’ and from ti f d t i d ‘t h i t k’ d f randomly chosen individuals should thus not happen.
Privacy on the Internet?! Contradiction per se Legal office in USA – checked Legal office in USA – checked 5000 divorce files Facebook was a reason for a divorce in 989 cases!!! divorce in 989 cases!!! Quotes from a wall of a Facebook profile were used to p prove infidelity Not to talk about Google/Dashboard
“If you have something that you don't want anyone to know, maybe you shouldn't be doing it in the first place!“ g p Eric Schmidt, Google CEO
Electronic Road Toll System Is there any personal data: • Position Position • Journey time
Electronic Road Toll System On board Unit: On-board Unit: 1.determining the position of the 1.determining the position of the vehicle, 2.determining the segment of the road and the corresponding tariff, 3.calculating the sum spent for that segment segment, 4.sum total. The control center does not have • the position of the car
Employer v. Employee How to strike the right balance? • Internet • E mail • Telephones • GPS • RFID • RFID • CCTV • Microsoft Software (heart beat) Microsoft Software (heart beat)
Telephone Traffic Data Facts: 1. Diplomatic mail was secretly given p y g to the media 2. Ministry wants to catch a bad guy 2. Ministry wants to catch a bad guy 3. Let’s check all the telephone calls - data base with 110 000 calls (in data base with 110.000 calls (in house telephone system) - No need to contact the operator p 4. Who out of 700 employees was calling the media calling the media
Science fiction?
Science fiction?
• Easily accesible biometrics – face recognition for up to 500 people = to 500 people 318,29 € • Slovenian Sl i biometric regime
Do we wish the old times to come back? Mission impossible
“I have nothing to hide” argument I have nothing to hide argument "Our lives begin to Our lives begin to end the day we b become silent il t about things that g matter." Martin Luther King Jr. Martin Luther King Jr.
Thank you for your attention i
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