Nowadays, more people give away their personal information on social networks without realizing the potential threats. Under EU law, personal data is defined as ‘any information relating to an identified or identifiable natural person.’ While under Article 8 ECHR, there is a fundamental right for the privacy of your life. The Directive 95/46/EC sets a landmark in the history of data protection within the EU. In January 2012 the Commission drafted a proposal for new rules regarding data protection in order to replace the Data Protection Directive. While Directive 95/46/EC will be replaced by the new regulation on data protection, a new directive will replace the ‘Framework Decision’. The proposed Directive on data protection, aims to harmonize the current data protection law in all Member States. Also, one of the Data Protection Regulation goals is to give people more control over their data and make sure that their information is being protected. The Commission proposed a regulation instead of a directive because a regulation is applicable to all Member States without the need for individual, national implementation. This essay is structured as followed. The first part of the essay provides explores the background of data protection, to give a better understanding of the subject. The second part will focus on the justification of the reformation of Directive 95/46/EC. The third part of the essay explains the proposed regulation from the Commission and the response of the European Parliament. The final part will discuss the advantages and disadvantages of the proposed regulation and will focus on the differences of the new ‘Directive’ with the ‘Framework Decision.’ Background of Data Protection Under Article 8 of the ECHR, ev... ... middle of paper ... ...tp://europa.eu/rapid/press-release_IP-12-46_en.htm?locale=en. • Privacy & Security Law Report, European Parliament Votes Overwhelmingly in Favor of Data Protection Reform Proposal, 17 March 2014, Bloomberg, available at: http://www.bna.com/european-parliament-votes-n17179885695/. • Reding V., the European data protection framework for the twenty-century, Oxford Journals, 09 July 2012. • Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the institutions and bodies of the Community and on the free movement of such data, OJ 2001 L 8. • The Lawyer, European Parliament votes overwhelmingly in favour of data protection reform, 27 March 2014, Wragge & Co. • Ward P., The draft EU data protection framework, 20 June 2013, Home Affairs, SN/HA/6669.
“The standards of what we want to keep private and what we make public are constantly evolving. Over the course of Western history, we’ve developed a desire for more privacy, quite possibly as a status symbol…”(Singer) Technological change leads to new abuses, creating new challenges to security, but society adapts to those challenges. To meet the innate need for privacy, we learn what to reveal and where, and how to keep secret what we don't want to disclose. “Whether Facebook and similar sites are reflecting a change in social norms about privacy or are actually driving that change, that half a billion people are now on Facebook suggests that people believe the benefits of connecting with others, sharing information, networking, self-promoting, flirting, and bragging outweigh breaches of privacy that accompany such behaviours,”(Singer) This is obvious by the continuous and unceasing use of social media platforms, but what needs to be considered is that this information is being provided willingly. “More difficult questions arise when the loss of privacy is not in any sense a choice.”(Singer) When the choice to be anonymous it taken away through social media, the person loses the ability to keep their personal information
Edward Snowden is America’s most recent controversial figure. People can’t decide if he is their hero or traitor. Nevertheless, his leaks on the U.S. government surveillance program, PRISM, demand an explanation. Many American citizens have been enraged by the thought of the government tracing their telecommunication systems. According to factbrowser.com 54% of internet users would rather have more online privacy, even at the risk of security (Facts Tagged with Privacy). They say it is an infringement on their privacy rights of the constitution. However, some of them don’t mind; they believe it will help thwart the acts of terrorists. Both sides make a good point, but the inevitable future is one where the government is adapting as technology is changing. In order for us to continue living in the new digital decade, we must accept the government’s ability to surveil us.
In the United States, US law prohibits the direct collection of certain information. This includes, but not limited to information about ethnicity, sexual orientation, etc1. The European Union (EU) has set guidelines for members of the union. These guidelines set strict rules for the “processing” of personal information. The EU defines processing as collection, use, storage, retrieval, transmission, destruction, and other actions2. The rules also provide provisions requiring the consent of the individual person before this “processing” can occur.
Additional Sources “Freedom of Speech, The EU Data Protection Directive and the Swedish Personal Data Act.” June 9, 2000.
The personal connection Americans have with their phones, tablets, and computers; and the rising popularity of online shopping and social websites due to the massive influence the social media has on Americans, it is clear why this generation is called the Information Age, also known as Digital Age. With the Internet being a huge part of our lives, more and more personal data is being made available, because of our ever-increasing dependence and use of the Internet on our phones, tablets, and computers. Some corporations such as Google, Amazon, and Facebook; governments, and other third parties have been tracking our internet use and acquiring data in order to provide personalized services and advertisements for consumers. Many American such as Nicholas Carr who wrote the article “Tracking Is an Assault on Liberty, With Real Dangers,” Anil Dagar who wrote the article “Internet, Economy and Privacy,” and Grace Nasri who wrote the article “Why Consumers are Increasingly Willing to Trade Data for Personalization,” believe that the continuing loss of personal privacy may lead us as a society to devalue the concept of privacy and see privacy as outdated and unimportant. Privacy is dead and corporations, governments, and third parties murdered it for their personal gain not for the interest of the public as they claim. There are more disadvantages than advantages on letting corporations, governments, and third parties track and acquire data to personalized services and advertisements for us.
Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended) (ECHR), Art 5(1)(e)
It has become a sad and upsetting fact that in today’s society the truth is that the right to one’s privacy in the I.T (information technological) world has become, simply a joke. In an electronic media article “No place to hide”, written by James Norman, two interesting and debatable questions were raised: ‘Are we witnessing the erosion of the demarcation of public and private spaces brought on by the networked economy and new technology?’ Also, ‘What roles do government, industry and citizens have in regard to censorship and privacy?’ These statements ultimately end with the fact that it is impossible for Net users to expect privacy online, because online privacy doesn’t exist. However, one must ask, ‘What will be done about the problem?’ while keeping in mind that yes, the thin line between public and private spaces has been severed as a result of new technology. It is vital that everyone as users of the internet, be it government, Internet Service Providers (ISP’s), or individuals, need take the issue of internet privacy very seriously, while basing all actions towards the issue with the moral statement of, ‘Rights aren’t free, they’re earned’.
Ever since day one, people have been developing and creating all sorts of new methods and machines to help better everyday life in one way or another. Who can forget the invention of the ever-wondrous telephone? And we can’t forget how innovative and life-changing computers have been. However, while all machines have their positive uses, there can also be many negatives depending on how one uses said machines, wiretapping in on phone conversations, using spyware to quietly survey every keystroke and click one makes, and many other methods of unwanted snooping have arisen. As a result, laws have been made to make sure these negative uses are not taken advantage of by anyone. But because of how often technology changes, how can it be known that the laws made so long ago can still uphold proper justice? With the laws that are in place now, it’s a constant struggle to balance security with privacy. Privacy laws should be revised completely in order to create a better happy medium between security and privacy. A common misconception of most is that a happy medium of privacy and security is impossible to achieve. However, as well-said by Daniel Solove, “Protecting privacy doesn’t need to mean scuttling a security measure. Most people concerned about the privacy implications of government surveillance aren’t arguing for no[sic] surveillance and absolute privacy. They’d be fine giving up some privacy as long as appropriate controls, limitations, oversight and accountability mechanisms were in place.”(“5 Myths about Privacy”)
The world erupted in outrage following revelations by Edward Snowden regarding the extent of surveillance perform by the National Security Agency. Privacy becomes one of the hottest topic of 2013 and was chosen by the world’s most popular online dictionary, Dictionary.com, as the Word of the Year. However, the government is not the only one that conduct data gathering and surveillance. Employers often monitor their employees, and businesses collect data on theirs customer. The morality of these practices is a topic that generates heated debate.
The finding of this report are based on four different factors for different factor for analysis of personal data protection and personal data privacy. The first is current regulations, which ……
...the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. The High Representative shall decide on the implementing rules for the EEAS.”
Perhaps the founder of Facebook, Mark Zuckerberg, said it best when he claimed that privacy is no longer a “social norm.” Virtually everyone has a smart phone and everyone has social media. We continue to disclose private information willingly and the private information we’re not disclosing willingly is being extracted from our accounts anyway. Technology certainly makes these things possible. However, there is an urgent need to make laws and regulations to protect against the stuff we’re not personally disclosing. It’s unsettling to think we are living in 1984 in the 21st century.
In addition, a human right and fairly generous right to privacy are acknowledged in most international instruments such as Article 12 of the UN Declaration of Human Rights, Article 17 of the International Covenant on Civil and Political Rights (ICCPR), Article 8 of the European Convention on Human Rights (ECHR) (Wacks, 2010). There are ‘The Madrid Privacy Declaration’ which “is a substantial document that reaffirms international instruments for privacy protection, identifies new challenges, and call for concrete actions” (The Public Voice, n.d.) (see Appendix 1); and OECD Principles (see Appendix 2).
Social Media is a current way in which people are using to interact with one another daily. Since the launch of various Social Networking Sites (SNS) its been a huge attraction in a new way to share information with others and correspond with interests of your choice in many different forms. Although social media sites allow users to share information with friends and other sites on the internet, many people are unaware of how their privacy is getting out. Now that the expansion of global connection through these social media networking sites are so highly present in todays society, giving us easy access to information, the lack of one's privacy is being diminished. Everyday peoples privacy rights are being taken advantage of and the government should therefore implement more laws to avoid violating users. This is affecting countless users online and is a problem because personal information may get out that is not wanted.
Right of Privacy Timeline. N.p.: Leading Issues Timelines, 2013. N.p. Web.