Digital Privacy
EU Laws
In March 2006, the European Commission passed the European Data Retention Directive. This directive legally requires all Internet and telephone service providers in the EU to retain records of communication data for up to 2 years. While communication service providers are _not_ allowed to retain records of the _content_ of communications, virtually all other data about the communications is required to be collected and stored, to be turned over to the authorities upon request. The data required to be collected, at each instance of communication, is as follows:
For telephone communications (both mobile and stationary):
- The telephone number, name, and address of registered user(s) of both call or sms initiator and call or sms recipient.
- The date, start time, and end time of the communication.
- Data identifying the type of communication service used (eg. phone call, sms, video message).
- The geographical location of both parties in the entire duration of the communication.
- Data identifying user's communication equipment
For Internet communications (including Internet access, e-mail, and Internet telephony):
- The userID (unique ISP provided ID), telephone number (if dial-up), name and address of registered user of both the internet communication initiator and recipient.
- The date and time of log-in and log-off to Internet access service, IP address, whether dynamic or static, user ID, date and time of the log-in and log-off of e-mail or VoIP service of both parties.
- Data identifying the type of communication service used (eg. site access, Sype, AIM).
- The phone number for dial-up access; the digital subscriber line (DSL) or other end point of the originator of the communication.
The History of U.S. Privacy Laws
Problems
Disparities between digital privacy laws of the European Union and those of the United States.
'CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION'
Article 7 Respect for private and family life Everyone has the right to respect for his or her private and family life, home and communications.
Article 8 Protection of personal data 1. Everyone has the right to the protection of personal data concerning him or her. 2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified. 3. Compliance with these rules shall be subject to control by an independent authority.[1] [2]
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data [3]
Regulation 45/2001 [4]
U.S. Laws
* United States Code o TITLE 17 - COPYRIGHTS + CHAPTER 12 - COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS
Section 1205. Savings clause
Nothing in this chapter abrogates, diminishes, or weakens the provisions of, nor provides any defense or element of mitigation in a criminal prosecution or civil action under, any Federal or State law that prevents the violation of the privacy of an individual in connection with the individual's use of the Internet. [5]
Solutions
Relevant Research and Articles
Useful Void: The Art of Forgetting in the Age of Ubiquitous Computing (Mayer-Schoenberger, 2007)
How Many Ways You're Being Watched, USA Today (2007)
Enjoying Technologies Conveniences But Not Escaping Its Watchful Eyes, Washington Post (2007)
Your Identity, Open to All (Wired News, 2005)
Why Web 2.0 will end your privacy (Bit Tech, 2006)
Strong privacy laws may explain data security in Europe (Intl. Herald Tribune, 2005)
COPPA - Children's Online Privacy Protection Act
U.S. Privacy Articles
Digital Millenium Copyright Act of 1998
Software lets parents monitor kids' calls
A privacy paradox: Social networking in the United States (Barnes, 2006)
Your first girlfriend -- and the other things search engines store about you
European Privacy
Relevant Legislation
EU Data Retention Directive, Article 5,6,10
EU Directive on Privacy and Electronic Communications, Article 4,5,6,9,12
Resources and Articles
Digital Civil Rights in Europe
European Data Protection Supervisor
French State Council allows tracing P2P users
The European Parliament voted for stronger data protection
Europe votes to restrict police data sharing
Google may use games to analyse net users
Minister of the Interior renews call for legal online PC search option
German government admits it is already conducting online searches
ICT lobby says Dutch law protects privacy rights in RFID applications
Privacy in US v. Europe: Comparing conceptions and legislation
âLa differenceâ is stark in EU, U.S. privacy laws
Internet privacy law: a comparison between the United States and the European Union
Privacy Law in the United States, the EU and Canada: The Allure of the Middle Ground
Suddenly, the Paranoids Don't Seem So Paranoid Anymore, Wired, June 2007
Strong privacy laws may explain data security in Europe, The New York Times', August 2005