1 prof. dr. artemi rallo protection of privacy on the internet age

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1 Prof. Dr. Artemi Rallo PROTECTION OF PRIVACY ON THE INTERNET AGE

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Prof. Dr. Artemi Rallo

PROTECTION OF PRIVACY ON THE INTERNET AGE

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PROTECTION OF PRIVACY ON THE INTERNET AGE

SEPTEMBER 2009SEPTEMBER 2009 CIS SURVEYCIS SURVEY

• The survey shows the The survey shows the very low level of trustvery low level of trust Spanish citizens place in the safety of their Spanish citizens place in the safety of their data on the Internet.data on the Internet.

The survey shows the urgent need for service providers to improve The survey shows the urgent need for service providers to improve their their information and privacy policiesinformation and privacy policies and to strengthen the guarantees they offer to their and to strengthen the guarantees they offer to their users. users.

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PROTECTION OF PRIVACY ON THE INTERNET AGE

Yes No N/A

“Do you know if you leave any trace or personal data behind when you surf the Internet?”

PUBLIC AWARENESS PUBLIC AWARENESS

45.2%

9.4%

45.4%

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• INTERNET USEINTERNET USE

PROTECTION OF PRIVACY ON THE INTERNET AGE

Main uses of the Internet by the public

53.3 42.778.8

91.2

Searchengines

E-mail Browsingwithout clear

objectives

Newsgroups, chat room,messaging

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Strongly agree

Quite agree

Hardly agree

Disagree

N/A

PROTECTION OF PRIVACY ON THE INTERNET AGE

• CITIZENS’ OPINION ABOUT THE INTERNETCITIZENS’ OPINION ABOUT THE INTERNET

11.7%

13.9%

3.9%

“The Use of the Internet promotes interference in people's privacy”.

* 7% of respondents who do not use the Internet attribute it to the lack of privacy it entails.

24.8%

45.8%

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1 10 100

Pay with credit card in

an establishment

Provide credit carddetails via

the Internet

File income taxreturn via

the Internet

Post photos or videoson the Internet

Enter data toparticipate in a

competition

Low or no security

High/Fairly high

PROTECTION OF PRIVACY ON THE INTERNET AGE

THE PERCEPTION OF SECURITYTHE PERCEPTION OF SECURITY

60.7%33.6%

15.4%76.9%

44.4%39.7%

10.5%75.7%

8.8%84.2%

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1 10 100

Banks

Retailers

Utilitycompanies

Pub. Admin.

Internet

Low or very low

High or very high

PROTECTION OF PRIVACY ON THE INTERNET AGE

THE PERCEPTION OF SECURITYTHE PERCEPTION OF SECURITY

61.2%

20.6%

35.1%34.4%

34.9%42.1%

67.5%13.4%

11.4%56.6%

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21.30%

46%

28%

high or very high neither high nor low low or very low

Level of security offered on the Internetin relation to personal data

PROTECTION OF PRIVACY ON THE INTERNET AGE

• DATA SECURITY ON THE INTERNETDATA SECURITY ON THE INTERNET

• Public mistrust.

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• DATA SECURITY ON THE INTERNETDATA SECURITY ON THE INTERNET

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The frequency with which citizens read privacy policies of the websites visited:

•Inefficient means?

62%

4%21.7%11.8%

Always or nearly always

Sometimes Rarely or never

Don't know how to do it

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They shouldn't haverestricted access

They should have few restrictions

They should have quite a fewrestrictions

They should have access totallyrestricted

N/A

PROTECTION OF PRIVACY ON THE INTERNET AGE

•Opinion of respondents on the access of minors to the Internet

20.9%

60.5%

10.4%

3.1%5%

MINORS AND THE INTERNETMINORS AND THE INTERNET

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PROTECTION OF PRIVACY ON THE INTERNET AGE

Classification of respondents depending on the type of controltype of control applied to their children.

* 77.6% of those who do not apply controls say they do not consider it necessary.

MINORS AND THE INTERNETMINORS AND THE INTERNET

Time limits

Type of website

Must be accompanied

Others

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PROTECTION OF PRIVACY ON THE INTERNET AGE

1.1. Search enginesSearch engines

• MAIN SUBJECTS TACKLED BY THE AEPD

•Definition of Opinion GT29 1/2008: services that allow users to find information on the Internet.

• Retention period: never more than six months.

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2. YouTube2. YouTube

PROTECTION OF PRIVACY ON THE INTERNET AGE

Assumptions:Assumptions:

a) Image as personal data.

b) Taking images of people, if the images can be used to identify people, falls under the Spanish data Protection Act (LOPD) and requires the subject's consent.

c) The subscriber of the telephone line with the allocated IP address from where the images where uploaded shall be the responsible one.

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PROTECTION OF PRIVACY ON THE INTERNET AGE

CASE: (PS/00479/2008). Recording and dissemination of images of a disabled person

• It was the second penalty applied by the AEPD for recording and disseminating images without consent on YouTube.

• The images showed several young people making fun of a mentally disabled person.

•The AEPD ruled it was a serious breach of the Organic Law on Personal Data and imposed a fine of €1,500 on those responsible for the recording and dissemination of the images on YouTube.

• The AEPD decided that there had been an infringement of the principle of consent established in Section 6 of the Spanish Data Protection Act (LOPD).

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PROTECTION OF PRIVACY ON THE INTERNET AGE

3. Problems with the protection of data 3. Problems with the protection of data derived from P2P networksderived from P2P networks

• The dissemination of files containing personal data over P2P networks using work tools, normally using the program e-mule, is one of the Agency's greatest concerns.

• Main cause: the downloading of all kinds of material (films, music, etc.) by employees during work hours.

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PROTECTION OF PRIVACY ON THE INTERNET AGE

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PROTECTION OF PRIVACY ON THE INTERNET AGE

•28 October 2008: The Google Maps application gives users street level images of certain cities.

•Occasionally it was possible to identify a person on the street with Street View.

•The AEPD set up a meeting with the privacy counsels for Google to ensure that the company treated a person's image as personal data.

•The AEPD's recommendation was adopted by Google.The AEPD's recommendation was adopted by Google.

•Then, Google blurs images where people’s faces or license plates can be recognised.

4. Google Street View 4. Google Street View

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PROTECTION OF PRIVACY ON THE INTERNET AGE

•There is a high level of potential risk to privacy and data protection for users of social networks, especially to young people and teenagers.

• A series of recommendations were given to all parties to increase the level of protection to users, including:

- improve the legal information available.- raise awareness among users.- control the indexing and storage of profiles.- implementation of systems to identify the age of users.- establish systems for remote identification of users through the use of an established electronic signature.

5. Social networks5. Social networks

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PROTECTION OF PRIVACY ON THE INTERNET AGE

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PROTECTION OF PRIVACY ON THE INTERNET AGE

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PROTECTION OF PRIVACY ON THE INTERNET AGE

•The AEPD has warned about the danger of using videosurveillance cameras broadcasting on the Internet without restricting access, allowing them to be viewed in real time.

•It has been discovered that a large number of these cameras do not have restricted accessand that they record and broadcast identifiable images of people on public thoroughfares.

•The existence of search engines that periodically trawl the Internet can provide more efficient search mechanisms and as a result, access by third parties to these images.

6.2. Videosurveillance and the Internet6.2. Videosurveillance and the Internet

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PROTECTION OF PRIVACY ON THE INTERNET AGE

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8. Minors8. Minors

• Subject of special interest to the AEPD.

•The Implementing Regulation of the Spanish Data Protection Act (LOPD) has already established age checking as being a special duty of diligence. Verification systems not used by the social networks.

• The AEPD has stated the need for social networks to develop and implement age verification systems.

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PROTECTION OF PRIVACY ON THE INTERNET AGE

9.3 Advertising (“Send to a friend”) 9.3 Advertising (“Send to a friend”)

CASE: (PS/00183/2009/00183/2009). Use of a prize draw to gather 40,000 e-mail addresses and send them Spam e-mails

•The penalised company that sold tickets to events and shows on the Internet, promoted a competition in which it was necessary to fill in a form. •The company sent messages without the consent of the owners of e-mail accounts, without a contractual relationship, or without offering means to object to the use of the data for commercial means.

• The AEPD warned that obtaining the e-mail addresses of the contacts of individuals in order to send these contacts commercial communications, without their consent, is illegal.

• It classified it as a serious infringement and fined the company €30,001.

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