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Portada de Novática núm. 222

Privacy and New Technologies

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                                                                     [PDF: 57 pages, 4.6 MB]                                                                                                                                                                                   

Editorial Section [PDF: 1 page, 137 KB]

Novática: Reaching beyond International Borders  2
Dídac López Viñas (President of ATI)

From the Chief Editor's Pen
Privacy: Our Contribution to a High-Level Debate in the Digital Age  2
Llorenç Pagés Casas (Chief Editor of Novática)

Monograph: "Privacy and New Technologies"

Guest Editors: Gemma Galdon Clavell and Gus Hosein

Presentation. Privacy, Technology and Policy: Social Networks, Data Mining and Surveillance   4
Gemma Galdon Clavell, Gus Hosein
[PDF: 6 pages, 231 KB]

Privacy and Surveillance Primer  11
Aaron Martin
[Summary][PDF: 6 pages, 316 KB]

European Data Protection and the Haunting Presence of Privacy  17
Gloria González Fuster, Rocco Bellanova
[Summary][PDF: 6 pages, 316 KB]

Secrecy Trumps Location: A Short Paper on Establishing the Gravity of Privacy Interferences Posed by Detection Technologies  23
Mathias Vermeulen
[Summary][PDF: 3 pages, 210 KB]

Surveillance Technology and Territorial Controls: Governance and the ‘Lite Touch’ of Privacy  26
Darren Palmer, Ian Warren
[Summary][PDF: 6 pages, 232 KB]

Google: Navigating Security, Rights to Information and Privacy  32
Cristina Blasi Casagran, Eduard Blasi Casagran

[Summary][PDF: 5 pages, 225 KB]

Human Traces on the Internet: Privacy and Online Tracking in Popular Websites in Brazil    37
Fernanda Glória Bruno, Liliane da Costa Nascimento, Rodrigo José Firmino,Marta M. Kanashiro, Rafael Evangelista
[Summary][PDF: 7 pages, 988 KB]

Social Networks and the Protection of Personal Information. When Privacy is Not Perceived As a Right  44
Massimo Ragnedda

[Summary][PDF: 5 pages, 261 KB]

Privacy and Body Scanners at EU Airports  49

Joan Figueras Tugas

[Summary][PDF: 6 pages, 280 KB]

Articles Summary

Monograph: "Privacy and New Technologies"

Guest Editors

Gemma Galdon Clavell is a policy analyist working on surveillance, the social, legal and ethical impact of technology, smart cities, privacy, security policy, resilience and policing. She is currently working as a researcher at the Sociology Department at the Universitat de Barcelona (UB), where she is a leading partner and member of several research projects, such as Increasing Resilience in Surveillance Societies (IRISS -FP7), Living in Surveillance Societies (LiSS -COST) and the Virtual centre of excellence for research support and coordination on societal security (SOURCE -FP7). She completed her PhD on surveillance, security and urban policy in early 2012 at the Universitat Autònoma de Barcelona (UAB), where she also got an MSc on Policy Management, and was later appointed Director of the Security Policy Programme at the Universitat Oberta de Catalunya (UOC). Previously, she worked at the Transnational Institute (TNI), the United Nations’ Institute for Training and Research (UNITAR) and the Catalan Institute for Public Security (ISPC). She teaches at several foreign universities, mainly Latin-American, and is a member of the IDRCfunded Latin-American Surveillance Studies Network (LASSN). Additionally, she is a member of the international advisory board of Privacy International and a regular analyst on TV, radio and print media. Her recent academic publications tackle issues related to the proliferation of surveillance in urban settings, urban security policy and community safety, security and mega-events and the relationship between privacy and technology.

Gus Hosein is the Executive Director at Privacy International. For over fifteen years he has worked on the intersections of technology and human rights. He has acted as an external  evaluator for UNHCR, advised the UN Special Rapporteur on Terrorism and Human Rights, and has advised a number of other international organisations. He has held visiting  fellowships at Columbia University and the London School of Economics and Political Science. He has a B.Math from the University of Waterloo and a PhD from the University of London. He is a Fellow of the Royal Society for the encouragement of Arts, Manufactures and Commerce (FRSA).

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Privacy and Surveillance Primer
Aaron Martin
London School of Economics and Political Science

Activists, scholars, and policy makers are increasingly recognizing that excessive surveillance (very often enabled by new forms of information and communications  technology ICT) can be harmful to society. But in order to understand how these surveillance developments may detriment the fostering of healthy, open, and democratic societies, we  must first know where to look for a conceptual basis, and even more importantly, what to look for once we’re there. This article therefore reviews key issues and concepts on privacy and  surveillance for practitioners and advocates who are eager to understand and engage these multifaceted topics, particularly as debates about the benefits and risks of disclosing and sharing our data become more dynamic and significant.

Conceptual Overview, Privacy, Surveillance, Technology.
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European Data Protection and the Haunting Presence of Privacy
Gloria González Fuster (1), Rocco Bellanova (2),
(1) Law, Science, Technology & Society (LSTS) Research Group, Vrije Universiteit Brussel (VUB), (2) Centre de Recherche en Science Politique, Facutés universitaires Saint-Louis; Law, Science, Technology & Society (LSTS) Research Group, Vrije Universiteit Brussel (VUB)

Abstract: Since it first appeared in the 1960s, the legal notion of personal data protection has been living in the shade of the term privacy. Whereas in the United States (US) the regulation of the processing of information related to individuals was solidly framed under the privacy tag as early as the beginning of the 1970s, European legal orders were witnessing  the emergence of concurring labels. Eventually, a genuinely European legal construct was to see the light of day: personal data protection, now recognised as a specific fundamental right  f the European Union (EU), formally different from any right to privacy.At the core of the construction of the notion of personal data protection there is an attempt to steer clear of  the private v. public distinction, on the grounds that the boundary between private and public, as well as any traditional conceptualisations of privacy in terms of intimate or private  space, had been rendered inoperative by emerging technologies - concretely, by automated data processing. The notion of personal data protection proposed to structure reality from a  different perspective, based on the distinction between personal and non-personal - terms that European data protection laws were soon to define for their own purposes. Almost 50  years after its genesis, European personal data protection still appears to be strikingly intertwined with the evolving notion of privacy. This contribution examines European data protection from the perspective of its relation(s) with privacy, sketching out both the distance between the two notions and their different entanglements. It devotes particular attention  to the ongoing review of the EU data protection legal landscape, which seems (finally) to be announcing a formal emancipation of personal data protection from privacy but is at the same  ime built upon (hidden) references to it. Between claims and silences, privacy thus continues to play a role in the shaping of EU data protection. The importance of such a role is  described with the help of Jacques Derrida’s insights on the functioning of the word.

Keywords: Data Protection, European Union, Law, Personal Data, Privacy.
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Secrecy Trumps Location: A Short Paper on Establishing the Gravity of Privacy Interferences Posed by Detection Technologies
Mathias Vermeulen
European University Institute, Florence (Italy)

Abstract: Since 9/11 the use of detection technologies has been increasingly seen as a crucial tool to counter terrorism. The use and deployment of these tools more often than not poses an interference with the right to privacy, including tools that are used in public places. In this contribution we will claim that the location where a privacy intrusive measure takes place is less of a determinant to establish the intrusiveness of a measure to the core of the right to privacy than the secrecy of such a measure.

Detection Technologies, GPS, Human Rights Law, Privacy, Secrecy.

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Surveillance Technology and Territorial Controls: Governance and the ‘Lite Touch’ of Privacy
Darren Palmer (1), Ian Warren (2)
(1) Chair Australian Surveillance Studies Group, Criminology, School of Humanities and Social Sciences, Deakin University, Geelong (Australia), (2) Senior Lecturer in Criminology, Australian Surveillance Studies Group, School of Humanities and Social Sciences, Deakin University, Geelong (Australia)

Abstract: The considerable growth of surveillance technologies, dataveillance and digital information processing has occurred across many domains, including the night-time economy. We explore a particular technology (ID scanners) and the connections between this form of surveillance and associated database construction with the broader use of new forms of  territorial governance. In turn, we argue that privacy, at least in the context of Australia, has limited influence on the use of new and untested surveillance technologies in contemporary  law enforcement. In part, this is due to the construction of current Australian privacy laws and oversight principles. We argue this in itself does not solely account for the limitations of  privacy regimes, as recent Canadian research demonstrates how privacy regulation generates limited control over the expansion of new crime prevention technologies. However, a more  telling problem involves the enactment of new laws allowing police and venue operators to exclude the undesirable from venues, streets and entertainment zones. These developments  reflect the broader shift to governing through sub-sovereign territorial controls that seek to leverage many current and emerging surveillance technologies and their normalisation in preventing crime without being encumbered by the niceties of privacy law.

Keywords: Alcohol, Antisocial Behaviour, Crime Prevention, Economy, ID Scanners, Night-time, Privacy.
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Google: Navigating Security, Rights to Information and Privacy
Cristina Blasi Casagran (1), Eduard Blasi Casagran (2)
(1) Researcher at the European University Institute, Florence (Italy); Complutense de Madrid (2013), (2) Lawyer at Prodat, Barcelona (Spain)

Abstract: In the last few years, the rapid development of new technologies and the expansion of the Internet have required multinational businesses to adapt to both national and international laws accordingly. Thus, companies like Google, Inc. (which today are leading the net) collect and process huge amounts of personal data on a daily basis, without specific  legislation to combat the current loopholes in such practices. This study analyses a number of controversial issues related to Google. First, it examines the increase in behavioural  advertising, highlighting the potential impact that recent proposals in both the EU and the US could have on this form of advertising. Likewise, it studies the so-called right to be  forgotten according to the EU proposal for a General Data Protection Regulation, as well as the impact that this right could have on Google. It then examines the controversy stemming  from the blurry dividing line between data collected and processed by private companies (e.g. Google) for commercial purposes, and data processed by public agencies for law  enforcement purposes. Finally, the study refers to the new Google privacy policy, which came into force in March 2012. The above areas of inquiry seek to illustrate the enormous power  Google has at its disposal with respect to processing internet users’ personal data. As such, Google could have a major role in determining global legislative issues such as defining the  borders between privacy, rights to information, and collective security.

Keywords: Behavioural Advertising, Collective Security, Data Protection, Google, Law Enforcement, Privacy, Right to be Forgotten, Right(s) to Information.             

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Human Traces on the Internet: Privacy and Online Tracking in Popular Websites in Brazil
Fernanda Glória Bruno (1), Liliane da Costa Nascimento (1), Rodrigo José Firmino (2), Marta M. Kanashiro (3), Rafael Evangelista (3)
(1) Federal University of Rio de Janeiro (UFRJ), Brazil; (2) Pontifícia Universidade Católica do Paraná (PUCPR), Brazil; (3) State University of Campinas (Unicamp), Brazil

Abstract: The Internet has made our actions and lives increasingly traceable. Data about our habits, preferences, tastes and interests can be easily collected, stored and processed on the  eb, which has an inestimable value to several private parties interested in predicting our online and offline behaviors. This paper aims to shed some light on how this data collection  takes place in popular websites in Brazil. In order to do so, we investigate tracking mechanisms used in five websites and two social network websites. We identify the HTTP cookies,  Flash cookies and web beacons used in each of them. The trackers are analyzed in quantitative and qualitative terms, based on the practices of the companies responsible for operating  them. Based on that, we discuss the contributions and limitations on the notion of privacy related to the use of trackers in the Brazilian context.

Brazil, Cookies, Online Marketing, Online Tracking, Privacy, Web Beacons.

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Social Networks and the Protection of Personal Information. When Privacy Is Not Perceived As a Right
Massimo Ragnedda
University of Northumbria, Newcastle (United Kingdom)

Abstract: On Social Networking Sites (SNS), users freely and without anxiety give sensitive and private data about which they might previously have jealously guarded. The research  that I conducted at the University of Sassari (n = 1047), suggests that students have a different approach to the protection of Personal Information: lascivious online and protectionist  offline. Students seem to underestimate the risk of posting data because they are unaware of the phenomenon of dataveillance. In fact, 86% said that the main visitors of their personal  profile are friends, so they do not worry about data because they have nothing to hide from friends. This makes the perception of SNS more familiar and intimate and lowers social and  cultural defenses against the possible intrusion of strangers in their digital world. Only 29.4% said that they often or always heed the privacy policy before registering for a site, and 54%  never or rarely read the privacy policy. The role of marketing agencies that scan, match and connect data of individual users with the goal of building an accurate e-profile profile of  individual users, seems not be perceived by the students. In fact only 3% imagine that those who visit personal profiles are strangers.

Dataveillance, e-Profile, Privacy, Social Networking Sites, Surveillance.

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Privacy and Body Scanners at EU Airports
Joan Figueras Tugas
Systems and Information Technology Manager at Brosa Abogados y Economistas, S.L.P.

Abstract: At the beginning of 2010, with the aim of improving aviation security controls, some airports started to use full-body security scanners, also known as body scanners or  security scanners. Body scanners make a full body screening of passengers, producing detailed images of the screened person’s body in order to detect both metallic and non metallic  objects that might be concealed under the clothes. Deployment of such scanners may entail an invasion of people’s privacy since they produce a detailed display of the passenger’s  body with no clothing, revealing anatomical details and private parts, including medical prostheses. This article will analyse the currently existing screening technologies (millimetre wave systems -active or passive- and X-ray backscatter systems) as well as their level of deployment at EU airports, focusing on the impact they may have on passengers’ privacy. In order to  harmonize the various national regulations, the European Commission has passed a proposal on the use of body scanners at European airports, scanners which shall only be used under  specific conditions.

Access Control, Airports, Body Scanners, Privacy, Security, Security Scanners.

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Last updated on 1st December 2013 Autor: Llorenç Pagés Casas
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