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Nathan Newman

Nathan Newman

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Learning From Europe in Designing a Privacy Bill of Rights

Posted: 03/23/11 03:29 PM ET


U.S. lawmakers have begun debating updated privacy legislation in the United States to protect consumers from intrusive online tracking and other violations of privacy in the Internet world. Unfortunately, many privacy advocates fear a bill will be too influenced by industry interests that won't really protect against companies converting personal information into profit centers.

In fact, advocates need to highlight the much tougher privacy standards being developed in Europe and the lessons for U.S. policymakers. France fining Google yesterday for illegal wi-spy monitoring of personal data through Street View cars and apparently individual smart phones is one example of tougher European standards.

Principles for European Union Privacy Policy: And a speech by Viviane Reding, European Union Justice Commissioner late last week, entitled Your data, your rights: Safeguarding your privacy in a connected world, laid out key principles for privacy policy:


  • The first is the "right to be forgotten"... people shall have the right - and not only the "possibility" - to withdraw their consent to data processing. [Data controllers...must prove that they need to keep the data rather than individuals having to prove that collecting their data is not necessary.

  • The second pillar is "transparency". Individuals must be informed about which data is collected and for what purposes. They need to know how it might be used by third parties. They must know their rights and which authority to address if those rights are violated.

  • The third pillar is "privacy by default"... rules would prevent the collection of such data through, for example, software applications. The use of data for any other purposes than those specified should only be allowed with the explicit consent of the user or if another reason for lawful processing exists.

  • The fourth principle is "protection regardless of data location". ..Any company operating in the EU market or any online product that is targeted at EU consumers must comply with EU rules.

European governments did become especially active in developing these principles in response to the revelations last year that Google had been collecting emails and other personal information through tapping data from personal wi-fi networks all over the world. The United Kingdom concluded that Google's actions violated U.K. data protection law. Last May, German prosecutors based in Hamburg opened a criminal investigation into Defendant's conduct.

Learning from Germany's Data Protection Policies: And Germany, for example, is leading the charge in promoting more specific legal rules that largely dovetail with the principles laid out by EU Commissioner Reding. Just two weeks ago, German Interior Minister Thomas de Maizier announced that a a business consortia involving eight companies, including Google and Microsoft, had agreed to a new data protection code for spatial data services like Street View. Reflecting the "right to be forgotten" principle, individuals will gain the power to edit and even delete information collected about them. The "transparency" principle is reflected in the creation of central Internet portal will be established which will outline what info services are being provided in their city, what their rights are and how they can improve or obscure details they don't want shared publicly. Companies will have to give one month advance notice ahead of recording trips in a community. The Interior Minister indicated he wants to extend similar rules to all data collection on the Internet.

Lower Saxony, a German state, is moving to make it illegal to pass along IP addresses of web visitors to a third party without their permission, which has included requiring a web marketer to remove Google's AdSense and an Amazon widget that features books from the US online retailer, unless users give their permission before IP addresses of visitors are passed on to advertisers.

More creatively, the German Bavarian state government is working with technology companies to develop their own transparent system for providing spatial location information to consumers, as an alternative to Google's more intrusive system that tracks consumer movements. Spatial data would be collected without tracking individual SSID or personal payload data in personal wi-fi systems, while the databases will be compiled and downloaded directly to individual cell phones, meaning no company like Google will get to track your location every time you check your location -- a big plus from a privacy perspective.

U.S. Advocates Need to Demand More: Privacy legislation being discussed in the U.S. Congress looks to prevent only the most outrageous privacy violations. But the more the public understands that other countries are moving towards a more radical pro-consumer direction, one where consumers hold onto personal data unless they agree otherwise, the more likely they are to demand more comprehensive accountability for how companies like Google and other online retailers have used personal data for their own profit motives, instead of being guardians of individual privacy.

Crossposted from Tech-progress

 

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09:08 AM on 03/28/2011
Well written piece Mr. Newman.

BTW, do you have a normal website I can visit. I don't use "Sh**ter" (or Faecesbook).
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Nathan Newman
04:13 PM on 03/28/2011
For recent tech stuff-- go to http:://www.tech-progress.org and other pieces get scattered in other places, but I'm working on getting it consolidated on a feed at nathannewman.org
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07:05 PM on 03/28/2011
Thank you!
03:02 AM on 03/25/2011
The "right to be forgotten" is an insane idea that simply can't work. There's just way too much information going out there and being stored automatically as part of how the internet works to make it remotely feasible.

A far better strategy overall, imho, is making sure everything is transparent and that data that is out there is used for good purposes.
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Nathan Newman
06:10 PM on 03/25/2011
There's nothing very hard about the "right to be forgotten" in the commercial world. If a company doesn't have paperwork showing the right to sell information about you based on your consent, they can't sell the information. Sure, some information will inevitably be out there in the world you don't want, but if no one can sell it for a profit, it cuts down on the incentive for systematic violations of privacy that we see currently (see Google's wi-spy snooping for an example).

The companies we're talking about are masters of databases and this is just one more field in the database-- has the person in question given consent for resale of the information or not. Nothing very complicated at all. It might very well make those companies less profitable if all the information they've been using for free is no longer available for resale, but that's a different issue than it not being workable.
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AZreb
equal-opportunity Independent heathen
10:15 AM on 03/24/2011
Want a real shock about privacy and data abuse? Then read the Washington Post series "Top Secret America".

Page 3 of the Suspicious Activity Report says in part "The effectiveness of this database depends on collecting profiles of people who are NOT (emphasis added) known criminal or terrorists....and compile in-depth profiles of them."

Are you profiled? Am I? Is anyone who has ever criticized any part of our government's policies? Or citicized a politician? Or refused to donate to a campaign? Or __________________ - you fill in the blank. Who knows what reasons they will use to profile anyone?

So if you think businesses are invading your privacy, they are taking a page from our own government.
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ClarcKing
Citizen
08:49 AM on 03/24/2011
Europe is under the Imperial power operating through the offices of the European Union which, because of the bankrupt monetary financial debt based system, is about to disintegrate. Comparisons made to support the fiction of European superiority are ridiculous at this time. Focus on the economic reorganization of the trans-Atlantic region, which includes the US, is imperative, as the world financial system is about to implode.
09:03 AM on 03/24/2011
Huh?
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Nathan Newman
09:04 AM on 03/24/2011
Seems a bit meta rhetorical. The point is that policymakers in other countries have been grappling with these privacy issues and our political leaders can learn from them in designing policy here in the United States. Different U.S. states often learn from policy in other states and we would do better if we learned lessons, positive and negative, more often from what is done in other countries, and even from local governments in other places.
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ClarcKing
Citizen
09:24 AM on 03/24/2011
My apologies to your sensitivities, however there is a horrific economic crisis hovering the trans-Atlantic region that requires every one's attention. The Imperial system, is irrationally demanding the subjugation of the population in order to rescue the speculator bankers, operating through the Inter Alpha Group of Banks.
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PCMartin
Bullish on cat food and refrigerator boxes
07:18 AM on 03/24/2011
Privacy International has a nifty world "State of Privacy" map (as of 2007) here:

Leading surveillance societies in the EU and the World 2007
December 28, 2007 by pi
The 2007 International Privacy Ranking
State of Privacy Map
https://www.privacyinternational.org/article/leading-surveillance-societies-eu-and-world-2007
- OR -
http://goo.gl/4xQOH

The US did not fare well; we were considered an "endemic surveillance society," the lowest category.
07:10 AM on 03/24/2011
Following the Euro-zone as an example of personal liberties provided by the government might just have some drawbacks. Some folks consider that asserting their right to privacy the old fashioined way by the choices that they are making in who they do business with. More people seem to think that the answer to Facebook is in a wholesale user takeover of MySpace.com and converting it into the first ever user-owned and user-managed social network where you own your identity and your profile information. The same way you own the right to take your mobile phone number with you when you move from one service provider to another. You can see what people think of the idea by reading the comments at www.myspacecondos.com .
05:56 AM on 03/24/2011
Yes, the UK is a great model for personal privacy. The country with a cctv camera looking at your every move about every 10 ft.
09:05 AM on 03/24/2011
Look's like the US is learning fast from the UK:

NYPD Developing CCTV Camera System That Will Be Better Than London’s
http://www.newsweek.com/blogs/declassified/2010/05/13/nypd-developing-cctv-camera-system-that-will-be-better-than-london-s.html
03:51 PM on 03/24/2011
..and speaking as a Liberal Brit - I am TOTALLY in favour.of the CCTV Only the paranoid and the criminal have anything to fear.

every 10 ft ?? hardly - used only in crowded urban / city centre environments - shopping malls etc.
I have no problem with it at all.
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budanatr
US Expat in EU
05:07 AM on 03/24/2011
Good article.

It is probably a good idea for US technology companies to develop their systems based on EU privacy laws. They work well here and will probably be implemented in other regions including the US. To us the USA is like the wild west of non-privacy. Great for business, no so much for customers.
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09:25 AM on 03/28/2011
Well said.

F & F.
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Adartist777
Overqualified
09:36 PM on 03/23/2011
Interesting article. Unfortunately, we in America don't appreciate good ideas from other countries, especially the ideas that work. This is why we're last in everything progressive.
10:08 PM on 03/23/2011
sadly, true..
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09:26 AM on 03/28/2011
Indeed.
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booksnmoreforyou
Progressive educator, activist for good government
08:37 PM on 03/23/2011
Well, since America is #1, and always has been, and since you are anti-American for looking to other countries, this debate is a non-starter for me.

/Snark