Law, IT and personal data protection - legislative framework lags behind the IT development

Nataša Pirc MusarInformation Commissioner, Republic of Slovenia

Hong Kong, 4th of January, 2010

Modern Digital Technologies

• Legislative Framework (always lags ages behind the IT)

• Law of the Net (Global Agreement)

• “We might not be able to stop you from 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

Proportionality Principle• Data prevention v. data retention

• everybody is a potentional criminalGoing 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 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. 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 5000 divorce filesFacebook was a reason for a divorce in 989 cases!!!

Quotes from a wall of a Facebook profile were used to 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!“

Eric Schmidt, Google CEO

Electronic Road Toll System

Is there any personal data:

• Position• Journey time

Electronic Road Toll System

On-board Unit:

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, 4.sum total.

• The control center does not have the position of the car

Employer v. EmployeeHow to strike the right

balance?

• Internet• E mail• Telephones • GPS• RFID• CCTV• Microsoft Software (heart beat)

Telephone Traffic Data Facts:

1.Diplomatic mail was secretly given to the media

2.Ministry wants to catch a bad guy

3.Let’s check all the telephone calls - data base with 110.000 calls (in house telephone system)

- No need to contact the operator

4.Who out of 700 employees was calling the media

Science fiction?

Science fiction?

• Easily accesible biometrics – face recognition for up to 500 people = 318,29 €

• Slovenian biometric regime

Do we wish the old times to come back?

Mission impossible

“I have nothing to hide” argument

"Our lives begin to end the day we become silent

about things that matter."

Martin Luther King Jr.

Thank you for your attention