In this contribution De Hert and Gutwirth rethink notions such as privacy and data protection aga... more In this contribution De Hert and Gutwirth rethink notions such as privacy and data protection against the background of the principles of the democratic constitutional state. They focus upon the necessity to differentiate between privacy and data protection in relation to the distinction they make between opacity and transparency tools. Proceeding by the prohibition of certain kinds of conduct, opacity
Some say that an increase in security does not necessarily mean a further encroachment on privacy... more Some say that an increase in security does not necessarily mean a further encroachment on privacy – indeed, security is necessary to protect personal data and our privacy. Networks must be secure, our personal devices, reliable, dependable and trustworthy. But security is a multifaceted term, with many dimensions. We are of the view that an increase in security most likely
In this chapter, we present a review of threats and vulnerabilities that could afflict society an... more In this chapter, we present a review of threats and vulnerabilities that could afflict society and individuals in the AmI world in the context of the key policy issues of privacy, identity, trust, security and digital divide. We define a threat as the potential for one or more unwanted ...
The multiplicity of threats and vulnerabilities associated with AmI will require a multiplicity o... more The multiplicity of threats and vulnerabilities associated with AmI will require a multiplicity of safeguards to respond to the risks and problems posed by the emerging technological systems and their applications. In some instances, a single safeguard might be sufficient to address a specified threat or vulnerability. More typically, however, a combination of safeguards will be necessary to address each
ABSTRACT In this chapter, we present four “dark scenarios” that highlight the key socio-economic,... more ABSTRACT In this chapter, we present four “dark scenarios” that highlight the key socio-economic, legal, technological and ethical risks to privacy, identity, trust, security and inclusiveness posed by new AmI technologies. We call them dark scenarios, because they show things that could go wrong in an AmI world, because they present visions of the future that we do not want to become reality. The scenarios expose threats and vulnerabilities as a way to inform policy-makers and planners about issues they need to take into account in developing new policies or updating existing legislation. Before presenting the four scenarios and our analysis of each, we describe the process of how we created the scenarios as well as the elements in our methodology for analysing the scenarios.
International Review of Law, Computers & Technology, 2008
The ‘SWIFT affair’ eloquently illustrates the complexities of the protection of personal data in ... more The ‘SWIFT affair’ eloquently illustrates the complexities of the protection of personal data in the context of global privacy-invading counterterrorist efforts. At the core of the issue there is not only the possibility for US authorities to secretly (and legally) access information on financial transactions taking place in the European Union (EU), as well as the concerns that this fact
International Review of Law, Computers & Technology, 2006
... Dingpolitik. How to make things public?' in B Latour and P Weibel (eds) Making ThingsPub... more ... Dingpolitik. How to make things public?' in B Latour and P Weibel (eds) Making ThingsPublic. Atmospheres of Democracy ZKMZentrum für Kunst und Medientechnologie/ The MIT Press, Karlsruhe/ Cambridge, MA, 2005, pp 1441. ...
With privacy enhancing identity management, end users are given better ways for managing their id... more With privacy enhancing identity management, end users are given better ways for managing their identities for specific contexts. One could easily argue that the need to implement identity management systems that are privacy enhancing follows from the EU data protection ...
The authors contend that the emerging ubiquitous Information Society (aka ambient intelligence, p... more The authors contend that the emerging ubiquitous Information Society (aka ambient intelligence, pervasive computing, ubiquitous networking and so on) will raise many privacy and trust issues that are context-dependent. These issues will pose many challenges for policymakers and stakeholders because people's notions of privacy and trust are different and shifting. People's attitudes towards privacy and protecting their personal data can vary significantly according to differing circumstances. In addition, notions of privacy and trust are changing over time. The authors provide numerous examples of the challenges facing policy-makers and identify some possible responses, but they see a need for improvements in the policy-making process in order to deal more effectively with varying contexts. They also identify some useful policy-making tools. They conclude that the broad brush policies of the past are not likely to be adequate to deal with the new challenges and that we are probably entering an era that will require development of "micro-policies". While the new technologies will pose many challenges, perhaps the biggest challenge of all will be to ensure coherence of these micropolicies.
After more than three years in the making, that have witnessed much controversy, several working ... more After more than three years in the making, that have witnessed much controversy, several working texts and at least two altogether different versions, the Data Protection Framework Decision “on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters” (hereafter, the DPFD) was finally adopted on 27 November 2008. The DPFD was supposed
Three decades have passed since the Organisation for Economic Co-operation and Development (OECD)... more Three decades have passed since the Organisation for Economic Co-operation and Development (OECD) promulgated Guidelines on the Transborder Flows of Personal Data, 18 and still the issue of transborder flows of personal data continues to plague policymakers, industry, ...
States Parties undertake to respect the right of each persons to preserve and develop his or her ... more States Parties undertake to respect the right of each persons to preserve and develop his or her ipse and idem identity without unlawful interference".
In many countries, controversies exist or have existed on the acceptability of elec-tronic forms ... more In many countries, controversies exist or have existed on the acceptability of elec-tronic forms of voting in elections. These may include both electronic voting ma-chines at polling stations and Internet voting. In the Netherlands, the use of elec-tronic voting machines in ...
Over the last years, something called cloud computing has become a major theme in computer scie... more Over the last years, something called cloud computing has become a major theme in computer science and information security. Essentially, it concerns delivering information technology as a service, by enabling the renting of software, computing power and storage. Some argue ...
Ethical issues surrounding the actual and proposed use of biometric identifiers within the EU are... more Ethical issues surrounding the actual and proposed use of biometric identifiers within the EU are identified. The paper starts by defining biometric technology and biometric identification. This is followed by some examples of biometric identifiers presently used in private ...
The proliferation of large-scale databases containing personal information, and the multiple uses... more The proliferation of large-scale databases containing personal information, and the multiple uses to which they can be put, can be highly problematic from the perspective of fundamental rights and freedoms. This paper discusses two landmark decisions that illustrate some of the ...
There are a number of novel technologies and a broad range of research aimed at the collection an... more There are a number of novel technologies and a broad range of research aimed at the collection and use of data drawn directly from the human brain. Given that this data—neurodata—is data collected from individuals, one area of law which will be of relevance is data protection. The thesis of this paper is that neurodata is a unique form of data and that this will raise questions for the application of data protection law. Issues may arise on two levels. On a legal technical level, it is uncertain whether the definitions and mechanisms used in the data protection framework can be easily applied to neurodata. On a more fundamental level, there may be interests in neurodata, particularly those related to the protection of the mind, the framework was not designed to represent and may be insufficiently equipped, or constructed, to deal with.
In this contribution De Hert and Gutwirth rethink notions such as privacy and data protection aga... more In this contribution De Hert and Gutwirth rethink notions such as privacy and data protection against the background of the principles of the democratic constitutional state. They focus upon the necessity to differentiate between privacy and data protection in relation to the distinction they make between opacity and transparency tools. Proceeding by the prohibition of certain kinds of conduct, opacity
Some say that an increase in security does not necessarily mean a further encroachment on privacy... more Some say that an increase in security does not necessarily mean a further encroachment on privacy – indeed, security is necessary to protect personal data and our privacy. Networks must be secure, our personal devices, reliable, dependable and trustworthy. But security is a multifaceted term, with many dimensions. We are of the view that an increase in security most likely
In this chapter, we present a review of threats and vulnerabilities that could afflict society an... more In this chapter, we present a review of threats and vulnerabilities that could afflict society and individuals in the AmI world in the context of the key policy issues of privacy, identity, trust, security and digital divide. We define a threat as the potential for one or more unwanted ...
The multiplicity of threats and vulnerabilities associated with AmI will require a multiplicity o... more The multiplicity of threats and vulnerabilities associated with AmI will require a multiplicity of safeguards to respond to the risks and problems posed by the emerging technological systems and their applications. In some instances, a single safeguard might be sufficient to address a specified threat or vulnerability. More typically, however, a combination of safeguards will be necessary to address each
ABSTRACT In this chapter, we present four “dark scenarios” that highlight the key socio-economic,... more ABSTRACT In this chapter, we present four “dark scenarios” that highlight the key socio-economic, legal, technological and ethical risks to privacy, identity, trust, security and inclusiveness posed by new AmI technologies. We call them dark scenarios, because they show things that could go wrong in an AmI world, because they present visions of the future that we do not want to become reality. The scenarios expose threats and vulnerabilities as a way to inform policy-makers and planners about issues they need to take into account in developing new policies or updating existing legislation. Before presenting the four scenarios and our analysis of each, we describe the process of how we created the scenarios as well as the elements in our methodology for analysing the scenarios.
International Review of Law, Computers & Technology, 2008
The ‘SWIFT affair’ eloquently illustrates the complexities of the protection of personal data in ... more The ‘SWIFT affair’ eloquently illustrates the complexities of the protection of personal data in the context of global privacy-invading counterterrorist efforts. At the core of the issue there is not only the possibility for US authorities to secretly (and legally) access information on financial transactions taking place in the European Union (EU), as well as the concerns that this fact
International Review of Law, Computers & Technology, 2006
... Dingpolitik. How to make things public?' in B Latour and P Weibel (eds) Making ThingsPub... more ... Dingpolitik. How to make things public?' in B Latour and P Weibel (eds) Making ThingsPublic. Atmospheres of Democracy ZKMZentrum für Kunst und Medientechnologie/ The MIT Press, Karlsruhe/ Cambridge, MA, 2005, pp 1441. ...
With privacy enhancing identity management, end users are given better ways for managing their id... more With privacy enhancing identity management, end users are given better ways for managing their identities for specific contexts. One could easily argue that the need to implement identity management systems that are privacy enhancing follows from the EU data protection ...
The authors contend that the emerging ubiquitous Information Society (aka ambient intelligence, p... more The authors contend that the emerging ubiquitous Information Society (aka ambient intelligence, pervasive computing, ubiquitous networking and so on) will raise many privacy and trust issues that are context-dependent. These issues will pose many challenges for policymakers and stakeholders because people's notions of privacy and trust are different and shifting. People's attitudes towards privacy and protecting their personal data can vary significantly according to differing circumstances. In addition, notions of privacy and trust are changing over time. The authors provide numerous examples of the challenges facing policy-makers and identify some possible responses, but they see a need for improvements in the policy-making process in order to deal more effectively with varying contexts. They also identify some useful policy-making tools. They conclude that the broad brush policies of the past are not likely to be adequate to deal with the new challenges and that we are probably entering an era that will require development of "micro-policies". While the new technologies will pose many challenges, perhaps the biggest challenge of all will be to ensure coherence of these micropolicies.
After more than three years in the making, that have witnessed much controversy, several working ... more After more than three years in the making, that have witnessed much controversy, several working texts and at least two altogether different versions, the Data Protection Framework Decision “on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters” (hereafter, the DPFD) was finally adopted on 27 November 2008. The DPFD was supposed
Three decades have passed since the Organisation for Economic Co-operation and Development (OECD)... more Three decades have passed since the Organisation for Economic Co-operation and Development (OECD) promulgated Guidelines on the Transborder Flows of Personal Data, 18 and still the issue of transborder flows of personal data continues to plague policymakers, industry, ...
States Parties undertake to respect the right of each persons to preserve and develop his or her ... more States Parties undertake to respect the right of each persons to preserve and develop his or her ipse and idem identity without unlawful interference".
In many countries, controversies exist or have existed on the acceptability of elec-tronic forms ... more In many countries, controversies exist or have existed on the acceptability of elec-tronic forms of voting in elections. These may include both electronic voting ma-chines at polling stations and Internet voting. In the Netherlands, the use of elec-tronic voting machines in ...
Over the last years, something called cloud computing has become a major theme in computer scie... more Over the last years, something called cloud computing has become a major theme in computer science and information security. Essentially, it concerns delivering information technology as a service, by enabling the renting of software, computing power and storage. Some argue ...
Ethical issues surrounding the actual and proposed use of biometric identifiers within the EU are... more Ethical issues surrounding the actual and proposed use of biometric identifiers within the EU are identified. The paper starts by defining biometric technology and biometric identification. This is followed by some examples of biometric identifiers presently used in private ...
The proliferation of large-scale databases containing personal information, and the multiple uses... more The proliferation of large-scale databases containing personal information, and the multiple uses to which they can be put, can be highly problematic from the perspective of fundamental rights and freedoms. This paper discusses two landmark decisions that illustrate some of the ...
There are a number of novel technologies and a broad range of research aimed at the collection an... more There are a number of novel technologies and a broad range of research aimed at the collection and use of data drawn directly from the human brain. Given that this data—neurodata—is data collected from individuals, one area of law which will be of relevance is data protection. The thesis of this paper is that neurodata is a unique form of data and that this will raise questions for the application of data protection law. Issues may arise on two levels. On a legal technical level, it is uncertain whether the definitions and mechanisms used in the data protection framework can be easily applied to neurodata. On a more fundamental level, there may be interests in neurodata, particularly those related to the protection of the mind, the framework was not designed to represent and may be insufficiently equipped, or constructed, to deal with.
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Papers by Paul Hert
level, there may be interests in neurodata, particularly those related to the protection of the mind, the framework was not designed to represent and may be insufficiently equipped, or constructed, to deal with.
level, there may be interests in neurodata, particularly those related to the protection of the mind, the framework was not designed to represent and may be insufficiently equipped, or constructed, to deal with.