Law, IT and personal data protection - legislative framework lags - - PowerPoint PPT Presentation

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 i l ti F k ( l l

• Legislative Framework (always lags

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 b k t i t t Going back to internet… 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 f supervise the computers in possession of individuals with special programmes (types of Trojan horses) in extreme cases when concrete threat to life or state exists. C ll ti f d t i d ‘t h i t k’ d f Collection of data in advance ‘to have in stock’ and from 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 € Sl i

• Slovenian

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 il t become silent about things that g matter."

Martin Luther King Jr. Martin Luther King Jr.

Thank you for your i attention