Wifi-tracking in de winkel(straat): inbreuk op de privacy?

Wifi-tracking in de winkel(straat): inbreuk op de privacy? external link

Bosch, B.F.E. & van Eijk, N.

Privacy & Informatie, num: 6, pp: 238-246, 2016

Abstract

Tegenwoordig wordt de consument op steeds grotere schaal gevolgd via de wifi-signalen die smartphones uitzenden. Inzicht in hoe consumenten zich gedragen in een winkel levert commerciële voordelen op voor de winkeliers, maar ook risico's voor de persoonlijke levenssfeer. Onder de Wet bescherming persoonsgegevens is gegevensverwerking via wifi-tracking toegestaan, mits wordt voldaan aan de strenge eisen die de wet stelt. Ter vergelijking wordt gekeken naar de regulering van wifi-tracking in de Verenigde Staten.

Links

http://www.ivir.nl/publicaties/download/PrivacyInformatie_2016_6.pdf

consumenten, frontpage, Privacy, Regulering, retailtracking, smartphones, Verenigde Staten, Wet bescherming persoonsgegevens, wifi-tracking, winkels

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The Golden Age of Personal Data: How to Regulate an Enabling Fundamental Right? external link

Oostveen, M. & Irion, K.

2016

Abstract

New technologies, purposes and applications to process individual’s personal data are developed on a massive scale. But we have not only entered the ‘golden age of personal data’ in terms of its exploitation: ours is also the ‘golden age of personal data’ in terms of regulation of its use. In this contribution, we explain how regulating the processing of an individual’s personal data can be a proxy of intervention, which directly or indirectly could benefit other individual rights and freedoms. Understood as an enabling right, the architecture of EU data protection law is capable of protecting against many of the negative short- and long-term effects of contemporary data processing. The new General Data Protection Regulation certainly strengthens aspects of this core architecture but certain regulatory innovations to cope with technological advancements and the data-driven economy appear less capably of yielding broad protection for individuals fundamental rights and freedoms. We conclude that from the perspective of protecting individual fundamental rights and freedoms, it would be worthwhile to explore alternative (legal) approaches of individual protection in contemporary data processing.

Links

Big data, Data protection, enabling fundamental rights, EU law, General Data Protection Regulation, Privacy

RIS

TY  - JOUR
AU  - Oostveen, M.
AU  - Irion, K.
PY  - 1215
DA  - 2016-12-15
T1  - The Golden Age of Personal Data: How to Regulate an Enabling Fundamental Right?
AB  - New technologies, purposes and applications to process individual’s personal data are developed on a massive scale. But we have not only entered the ‘golden age of personal data’ in terms of its exploitation: ours is also the ‘golden age of personal data’ in terms of regulation of its use. In this contribution, we explain how regulating the processing of an individual’s personal data can be a proxy of intervention, which directly or indirectly could benefit other individual rights and freedoms. Understood as an enabling right, the architecture of EU data protection law is capable of protecting against many of the negative short- and long-term effects of contemporary data processing. The new General Data Protection Regulation certainly strengthens aspects of this core architecture but certain regulatory innovations to cope with technological advancements and the data-driven economy appear less capably of yielding broad protection for individuals fundamental rights and freedoms. We conclude that from the perspective of protecting individual fundamental rights and freedoms, it would be worthwhile to explore alternative (legal) approaches of individual protection in contemporary data processing.
K1  - Big data
K1  - Data protection
K1  - enabling fundamental rights
K1  - EU law
K1  - General Data Protection Regulation
K1  - Privacy
ER  -

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Article{Oostveen2016b,
	title = {The Golden Age of Personal Data: How to Regulate an Enabling Fundamental Right?},
	author = {Oostveen, M. and Irion, K.},
	year = {1215},
	date = {2016-12-15},
	abstract = {New technologies, purposes and applications to process individual’s personal data are developed on a massive scale. But we have not only entered the ‘golden age of personal data’ in terms of its exploitation: ours is also the ‘golden age of personal data’ in terms of regulation of its use. In this contribution, we explain how regulating the processing of an individual’s personal data can be a proxy of intervention, which directly or indirectly could benefit other individual rights and freedoms. Understood as an enabling right, the architecture of EU data protection law is capable of protecting against many of the negative short- and long-term effects of contemporary data processing. The new General Data Protection Regulation certainly strengthens aspects of this core architecture but certain regulatory innovations to cope with technological advancements and the data-driven economy appear less capably of yielding broad protection for individuals fundamental rights and freedoms. We conclude that from the perspective of protecting individual fundamental rights and freedoms, it would be worthwhile to explore alternative (legal) approaches of individual protection in contemporary data processing.},
	keywords = {Big data, Data protection, enabling fundamental rights, EU law, General Data Protection Regulation, Privacy},
}

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Annotatie bij Europees Hof voor de Rechten van de Mens 16 juni 2015 (Delfi AS / Estland) external link

Dommering, E.

Nederlandse Jurisprudentie, num: 47, pp: 6102-6108, 2016

Abstract

Privacy en vrijheid van meningsuiting. Civielrechtelijke veroordeling exploitant nieuwswebsite vanwege beledigende reacties op webforum nieuwszenderuitlatingen door lezers. Geen schending vrijheid van meningsuiting.

Links

http://www.ivir.nl/publicaties/download/Annotatie_NJ_2016_457.pdf

annotatie, Art. 10 EVRM, Delfi, frontpage, nieuwswebsite, Privacy, Vrijheid van meningsuiting, webforum

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Identifiability and the applicability of data protection to big data external link

Oostveen, M.

International Data Privacy Law, 2016

Abstract

Big data holds much potential, but it can also have a negative impact on individuals, particularly on their privacy and data protection rights. Data protection law is the point of departure in the discussion about big data; it is widely regarded as the answer to big data’s negative consequences. Yet a closer look at the criteria for applicability of EU data protection law reveals a number of weaknesses in the data protection law approach. Because the material scope of EU data protection law is dependent on the identifiability of individual, data protection only partially applies to the big data process. Therefore, in spite of its importance, data protection law is insufficient to protect individuals from big data’s potential harms.

Links

bescherming persoonsgegevens, Big data, Data protection, frontpage, Grondrechten, Personal data, Privacy

RIS

TY  - JOUR
AU  - Oostveen, M.
PY  - 0927
DA  - 2016-09-27
T1  - Identifiability and the applicability of data protection to big data
JO  - International Data Privacy Law
UR  - http://idpl.oxfordjournals.org/content/early/2016/09/06/idpl.ipw012.extract
DO  - https://doi.org/10.1093/idpl/ipw012
AB  - Big data holds much potential, but it can also have a negative impact on individuals, particularly on their privacy and data protection rights. Data protection law is the point of departure in the discussion about big data; it is widely regarded as the answer to big data’s negative consequences. Yet a closer look at the criteria for applicability of EU data protection law reveals a number of weaknesses in the data protection law approach. Because the material scope of EU data protection law is dependent on the identifiability of individual, data protection only partially applies to the big data process. Therefore, in spite of its importance, data protection law is insufficient to protect individuals from big data’s potential harms.
K1  - bescherming persoonsgegevens
K1  - Big data
K1  - Data protection
K1  - frontpage
K1  - Grondrechten
K1  - Personal data
K1  - Privacy
ER  -

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Article{Oostveen2016,
	title = {Identifiability and the applicability of data protection to big data},
	author = {Oostveen, M.},
	doi = {https://doi.org/10.1093/idpl/ipw012},
	year = {0927},
	date = {2016-09-27},
	journal = {International Data Privacy Law},
	abstract = {Big data holds much potential, but it can also have a negative impact on individuals, particularly on their privacy and data protection rights. Data protection law is the point of departure in the discussion about big data; it is widely regarded as the answer to big data’s negative consequences. Yet a closer look at the criteria for applicability of EU data protection law reveals a number of weaknesses in the data protection law approach. Because the material scope of EU data protection law is dependent on the identifiability of individual, data protection only partially applies to the big data process. Therefore, in spite of its importance, data protection law is insufficient to protect individuals from big data’s potential harms.},
	keywords = {bescherming persoonsgegevens, Big data, Data protection, frontpage, Grondrechten, Personal data, Privacy},
}

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Big data: Finders keepers, losers weepers? external link

Sax, M.

Ethics and Information Technology, vol. 18, num: 1, pp: 25-31, 2016

Abstract

This article argues that big data’s entrepreneurial potential is based not only on new technological developments that allow for the extraction of non-trivial, new insights out of existing data, but also on an ethical judgment that often remains implicit: namely the ethical judgment that those companies that generate these new insights can legitimately appropriate (the fruits of) these insights. As a result, the business model of big data companies is essentially founded on a libertarian-inspired ‘finders, keepers’ ethic. The article argues, next, that this presupposed ‘finder, keepers’ ethic is far from unproblematic and relies itself on multiple unconvincing assumptions. This leads to the conclusion that the conduct of companies working with big data might lack ethical justification.

Links

Big data, ethics, finders-keepers, justice, libertarianism, Personal data, Privacy

RIS

TY  - JOUR
AU  - Sax, M.
PY  - 0326
DA  - 2016-03-26
T1  - Big data: Finders keepers, losers weepers?
JO  - Ethics and Information Technology
VL  - 18
NV  - 1
SP  - 25-31
UR  - http://link.springer.com/article/10.1007/s10676-016-9394-0
DO  - https://doi.org/10.1007/s10676-016-9394-0
AB  - This article argues that big data’s entrepreneurial potential is based not only on new technological developments that allow for the extraction of non-trivial, new insights out of existing data, but also on an ethical judgment that often remains implicit: namely the ethical judgment that those companies that generate these new insights can legitimately appropriate (the fruits of) these insights. As a result, the business model of big data companies is essentially founded on a libertarian-inspired ‘finders, keepers’ ethic. The article argues, next, that this presupposed ‘finder, keepers’ ethic is far from unproblematic and relies itself on multiple unconvincing assumptions. This leads to the conclusion that the conduct of companies working with big data might lack ethical justification.
K1  - Big data
K1  - ethics
K1  - finders-keepers
K1  - justice
K1  - libertarianism
K1  - Personal data
K1  - Privacy
ER  -

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Article{Sax2016,
	title = {Big data: Finders keepers, losers weepers?},
	author = {Sax, M.},
	doi = {https://doi.org/10.1007/s10676-016-9394-0},
	year = {0326},
	date = {2016-03-26},
	journal = {Ethics and Information Technology},
	volume = {18},
	number = {1},
	pages = {25-31},
	abstract = {This article argues that big data’s entrepreneurial potential is based not only on new technological developments that allow for the extraction of non-trivial, new insights out of existing data, but also on an ethical judgment that often remains implicit: namely the ethical judgment that those companies that generate these new insights can legitimately appropriate (the fruits of) these insights. As a result, the business model of big data companies is essentially founded on a libertarian-inspired ‘finders, keepers’ ethic. The article argues, next, that this presupposed ‘finder, keepers’ ethic is far from unproblematic and relies itself on multiple unconvincing assumptions. This leads to the conclusion that the conduct of companies working with big data might lack ethical justification.},
	keywords = {Big data, ethics, finders-keepers, justice, libertarianism, Personal data, Privacy},
}

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10 Standards for Oversight and Transparency of National Intelligence Services external link

Eskens, S., van Daalen, O. & van Eijk, N.

Journal of National Security Law & Policy, vol. 8, num: 3, pp: 553-594, 2016

Links

http://jnslp.com/2016/07/25/10-standards-oversight-transparency-national-intelligence-services/ https://www.ivir.nl/publicaties/download/JNSLP_2016_3.pdf

European Convention on Human Rights, frontpage, Privacy, Surveillance

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Annotatie bij Hof van Justitie 6 oktober 2016 (Schrems / Data Protection Commissioner) external link

van Eijk, N.

Tijdschrift voor Consumentenrecht en handelspraktijken, num: 4, pp: 189-199, 2016

Links

http://www.ivir.nl/publicaties/download/Annotatie_TvCH_2016_4.pdf

doorgifte van persoonsgevevens naar derde landen, frontpage, Personal data, Privacy, Richtlijn 95/46/EG

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International and comparative legal study on Big Data external link

van der Sloot, B. & Schendel, S. van

2016

Abstract

Working Paper 20 was written as part of the project ‘Big Data, Privacy and Security’, undertaken by the Netherlands Scientific Council for Government Policy (wrr) to investigate the consequences of the use of Big Data in the domain of security. This background study, entitled International and Comparative Legal Study on Big Data, was written by Bart van der Sloot and Sacha van Schendel. Many countries experiment with Big Data processes, which are almost by definition transnational. The first part of the study is a quick scan of the Big Data policies, legislation and regulations in Australia, Brazil, China, France, Germany, India, Israel, Japan, South-Africa, the United Kingdom and the United States. The second part presents the findings of a survey among Data Protection Authorities (dpas) in Europe. Both parts of the study focus on the relations between Big Data, security and privacy.

Links

http://www.ivir.nl/international_and_comparative_legal_study_on_big_data/

Big data, frontpage, Privacy

RIS

TY  - GEN
AU  - van der Sloot, B.
AU  - Schendel, S. van
PY  - 0512
DA  - 2016-05-12
T1  - International and comparative legal study on Big Data
UR  - http://www.ivir.nl/international_and_comparative_legal_study_on_big_data/
AB  - Working Paper 20 was written as part of the project ‘Big Data, Privacy and Security’, undertaken by the Netherlands Scientific Council for Government Policy (wrr) to investigate the consequences of the use of Big Data in the domain of security. This background study, entitled International and Comparative Legal Study on Big Data, was written by Bart van der Sloot and Sacha van Schendel. Many countries experiment with Big Data processes, which are almost by definition transnational. The first part of the study is a quick scan of the Big Data policies, legislation and regulations in Australia, Brazil, China, France, Germany, India, Israel, Japan, South-Africa, the United Kingdom and the United States. The second part presents the findings of a survey among Data Protection Authorities (dpas) in Europe. Both parts of the study focus on the relations between Big Data, security and privacy.
K1  - Big data
K1  - frontpage
K1  - Privacy
ER  -

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Other{vanderSloot2016,
	title = {International and comparative legal study on Big Data},
	author = {van der Sloot, B. and Schendel, S. van},
	year = {0512},
	date = {2016-05-12},
	abstract = {Working Paper 20 was written as part of the project ‘Big Data, Privacy and Security’, undertaken by the Netherlands Scientific Council for Government Policy (wrr) to investigate the consequences of the use of Big Data in the domain of security. This background study, entitled International and Comparative Legal Study on Big Data, was written by Bart van der Sloot and Sacha van Schendel. Many countries experiment with Big Data processes, which are almost by definition transnational. The first part of the study is a quick scan of the Big Data policies, legislation and regulations in Australia, Brazil, China, France, Germany, India, Israel, Japan, South-Africa, the United Kingdom and the United States. The second part presents the findings of a survey among Data Protection Authorities (dpas) in Europe. Both parts of the study focus on the relations between Big Data, security and privacy.},
	keywords = {Big data, frontpage, Privacy},
}

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The Practical and Theoretical Problems with ‘Balancing’: Delfi, Coty and the Redundancy of the Human Rights Framework external link

van der Sloot, B.

Maastricht Journal of European and Comparative Law, num: 3, pp: 439-459., 2016

Abstract

In the realm of privacy and data protection – as in the fundamental rights framework in general – balancing has become the standard approach for dealing with legal disputes. It comes, however, with a number of practical and theoretical problems. Th is article analyses those problems and compares the method of balancing with the original approach of most human rights frameworks, such as the European Convention on Human Rights. It does so by analysing two cases in detail: the European Court of Human Right’s case Delfi v. Estonia and the Court of Justice of the EU’s judgment Coty v. Stadtsparkasse. From this analysis, it follows that the concept of balancing signals a shift away from the deontological and towards a utilitarian understanding of fundamental rights. Th is is not only of theoretical importance, as it could also mean that in time, human rights frameworks as such might become redundant.

Links

http://www.ivir.nl/publicaties/download/1811

balancing, consequentialism, Data protection, frontpage, Mensenrechten, Miscellaneous, Privacy, utilitarianism

RIS

TY  - JOUR
AU  - van der Sloot, B.
PY  - 2016
DA  - 2016-07-14
T1  - The Practical and Theoretical Problems with ‘Balancing’: Delfi, Coty and the Redundancy of the Human Rights Framework
JO  - Maastricht Journal of European and Comparative Law
NV  - 3
SP  - 439-459.
UR  - http://www.ivir.nl/publicaties/download/1811
AB  - In the realm of privacy and data protection – as in the fundamental rights framework in general – balancing has become the standard approach for dealing with legal disputes. It comes, however, with a number of practical and theoretical problems. Th is article analyses those problems and compares the method of balancing with the original approach of most human rights frameworks, such as the European Convention on Human Rights. It does so by analysing two cases in detail: the European Court of Human Right’s case Delfi v. Estonia and the Court of Justice of the EU’s judgment Coty v. Stadtsparkasse. From this analysis, it follows that the concept of balancing signals a shift away from the deontological and towards a utilitarian understanding of fundamental rights. Th is is not only of theoretical importance, as it could also mean that in time, human rights frameworks as such might become redundant.
K1  - balancing
K1  - consequentialism
K1  - Data protection
K1  - frontpage
K1  - Mensenrechten
K1  - Miscellaneous
K1  - Privacy
K1  - utilitarianism
ER  -

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Bibtex

Article{vanderSloot2016,
	title = {The Practical and Theoretical Problems with ‘Balancing’: Delfi, Coty and the Redundancy of the Human Rights Framework},
	author = {van der Sloot, B.},
	year = {2016},
	date = {2016-07-14},
	journal = {Maastricht Journal of European and Comparative Law},
	number = {3},
	pages = {439-459.},
	abstract = {In the realm of privacy and data protection – as in the fundamental rights framework in general – balancing has become the standard approach for dealing with legal disputes. It comes, however, with a number of practical and theoretical problems. Th is article analyses those problems and compares the method of balancing with the original approach of most human rights frameworks, such as the European Convention on Human Rights. It does so by analysing two cases in detail: the European Court of Human Right’s case Delfi v. Estonia and the Court of Justice of the EU’s judgment Coty v. Stadtsparkasse. From this analysis, it follows that the concept of balancing signals a shift away from the deontological and towards a utilitarian understanding of fundamental rights. Th is is not only of theoretical importance, as it could also mean that in time, human rights frameworks as such might become redundant.},
	keywords = {balancing, consequentialism, Data protection, frontpage, Mensenrechten, Miscellaneous, Privacy, utilitarianism},
}

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Is Tax Data Sensitive Data? Case note GSB v. Switzerland, ECHR 22 December 2015 external link

van der Sloot, B.

European Data Protection Law Review, num: 2, pp: 262-265., 2016

Links

http://edpl.lexxion.eu/article/EDPL/2016/2/22

frontpage, Grondrechten, Privacy

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