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The presentation focuses on Big Data and social surveillance in an environment characterised by public and private interplay in social control. For a wider analysis, see Mantelero, A., Vaciago G., Social media and big data, in Akhgar B., Staniforth A. and Bosco F.M. (eds.) Cyber Crime & Cyber Terrorism. Investigators’ Handbook, Elsevier, 2014 [ISBN: 9780128007433]
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Technology and Crime: Law, Privacy and Policy in the Era of Big Data RESPECT 2nd Policy Workshop Barcelona, 17-18 September 2014
Avv. Alessandro Mantelero Politecnico di Torino Aggregate Professor
Nexa Center for Internet and Society Director of Privacy
Sino-Italian Research Center for Internet Torts, Nanjing University of Information Science & Technology Research Consultant
FP7-288021
From Precrime to privacy-oriented crime prevention in the Big Data Era
A. Mantelero © 2014
From Precrime to privacy-oriented crime prevention in the Big Data Era
The other side of the coin and the Trojan horse
• The original concern about data collection (public sector) and the different approach in private sector
• Asymmetric distribution of the control over information
• Interaction between private and public sectors (change of paradigm)
o Mandatory orders to obtain the disclosure of information
o Voluntary and proactive collaboration o Weaker perception of the risks by citizens o Social control and group privacy o Big Data and anonymity by de-identification
A. Mantelero © 2014
From Precrime to privacy-oriented crime prevention in the Big Data Era
Political and strategical values of EU regulation
• Relevant role played by foreign companies in ICT sector
o Influence of foreign administrations on national companies
o Legal provisions that authorize public entities to gain access to personal data held by private companies
• Data protection regulation
o An instrument to prevent and limit access to the information about European citizens
o Impact on the information available for purposes of surveillance
o Indirect effect on social surveillance initiatives adopted by government agencies
A. Mantelero © 2014
From Precrime to privacy-oriented crime prevention in the Big Data Era
The EU Proposal for a new data protection regulation
• Towards a change of paradigm: o From individual choices to privacy-oriented
architectures (data protection assessment, privacy by design/default, accountability, prior authorization) o Increasing users' self-determination o Adoption of a risk-based approach
• Reduction of the information available to government control:
o Data portability o Right to erasure
o Multiple-impact assessment*
*Mantelero A., The future of consumer data protection in the E.U. Rethinking the “notice and consent” paradigm in the new era of predictive analytics. Computer Law and Security Review, 2014 (forthcoming)
A. Mantelero © 2014
From Precrime to privacy-oriented crime prevention in the Big Data Era
The EU Proposal for a new data protection regulation
• Extension of the territorial scope
• Trans-border data flows and risks of social control
o Role played by mutual legal assistance treaties and international agreements
o The presence of invasive investigative public bodies and the lack of adequate guarantees to the data subject assume relevance in the decision to limit the trans-border data flows
o Towards a global approach
A. Mantelero © 2014
From Precrime to privacy-oriented crime prevention in the Big Data Era
Alessandro Mantelero http://nexa.polito.it/people/amantelero http://www.oii.ox.ac.uk/people/?id=318 http://staff.polito.it/alessandro.mantelero [email protected]
@mantelero
