Data governance in the Web era: Issues of privacy and protection in a Web that never forgets. -Niko Tsakalakis

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  • 8/9/2019 Data governance in the Web era: Issues of privacy and protection in a Web that never forgets. -Niko Tsakalakis

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    Niko Tsakalakis,LL.B. Law, LL.M. Int. Commercial ADP

    [email protected]

    University of Southampton

    Data governance in the Web era

    Issues of privacy and protection in a Web that never forgets

    o Mass collection / mass processing of data

    o New opportunities to create data sets of previously non-

    combinable data

    o New ways of profiling?

    o Increased chance of inadvertently publishing sensitive data?

    o Is anonymity on the Web still achievable?

    Big Data

    o Increased preventive

    surveillance of social

    media

    o Increased (unlawful)

    profiling of users?

    Surveillance

    More aspects of life available online:

    Devices direct communication with other devices

    New online devices (fitness trackers, wearables,

    smart appliances)

    Raw censor data in the cloud

    How much do users understand their devices?

    What is the quality of user consent to services?

    Do we need a reform of how user consent is

    currently taken and re-assess its value?

    Internet of Things

    US Black box Act / We are watching you Act

    EU Draft GFPR 2012/0011

    Several Data Protection regimes in Asia

    We are under-going reforms globally on data protection laws.

    Among the issues still under discussion:

    How will jurisdiction be defined in an inter-connected world,

    where subjects, data controllers and applicable laws could all

    belong to different legal systems?

    Jurisdiction

    o Right to be disconnected

    o Right to be invisible

    o Right of portability

    o Freedom of speech vs Personal data

    o Right to be forgotten

    New legal rights

    Governments and companies are

    encouraged to embrace open formats and

    make data sets publicly available.

    Incomplete training, incomplete legislation

    and incomplete comprehension of data

    policies have led to breaches of sensitive

    information.

    Open data

    Privacy on the Web has always been a paradox:

    Even though the perceived anonymity due to pseudonyms and distance encouraged users to disclose information more easily than in real

    life, the lack of understanding of security mechanisms, the ease of use of search engines and the dominance of social media in all aspects of

    everyday life have led to major privacy risks.

    The Internet of Things, Big/Open data, the Semantic Web all promise a revolution to what was previously available as online data:

    Geolocation, fitness statistics, medical records, behavioural patterns the list goes on.

    States are in the process of re-evaluating their data protection policies, to adjust to this emerging technologies. The law has previously been

    accused of being too slow to follow technological advances.

    There is an increased need to understand exactly what new challenges the new technologies will pose to users privacy and to data

    protection. Some indicative areas of research can be found below:

    * The word cloud above was created from the recent #drinkdriversnameontwitter incident, where Surrey and Sussex Police published arrested but not-yet convicted drivers names on Twitter

    mailto:[email protected]:[email protected]