- Thanks! RT @PosseList: @EUdiscovery We’re kinda fed up with you Tweeting all this good EU data protection stuff #
- Thanks for RTs @PosseList @ProjectCounsel @clarinette02 @ddoneda @hrucic @PrivacyCamp @PrivacyQueen ! #
- Article 29 Working Party Opinion 8/2010 on Applicable Law and Smartphone Data http://bit.ly/gOZ2ps #dataprotection #ediscovery #
- Art. 29 WP Opinion 8/2010 on Applicable Law, Article 4 (1) EU Directive and Smartphone Apps http://bit.ly/gOZ2ps #privacy my latest post
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- Check out my TwtBizCard @ http://twtbizcard.com/EUdiscovery and share your contact information by adding #twtbizcard to a tweet! #
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- True Grit Brooklyn Style #snowpocalypse #happynewyear! http://plixi.com/p/66968945 #
- Thnx & Happy New Year! RT @710928: #FF @EUdiscovery @IanWalthew @RAN @AmnestyOnline @frangiannini @monanicoara @AsCorrespondent @mariancw #
- Thanks for RTs and Happy New Year @lllivingston @sraldou @ASGInfoMan @Ghostery @globaledd @mix3travel @PrivacyCDN @lensassaman @clarinette02 #
- Thanks for RTs and Happy New Year ! @PrivacyProf @hrucic @LossofPrivacy @lobbynomics @shaundakin @bendrath @PSS_Systems @Tips4Tech (1/2) #
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Article 29 Working Party Opinion 8/2010 on Applicable Law, Article 4 (1) EU Data Protection Directive 95/46/EC and Smartphone Apps
“Do some iPhone and Android smartphone application makers… violate the consent requirement of the e-Privacy Directive (2009/136)?”
Apple, Inc. got sued on Dec. 23 in federal court in San Jose, California. The suit claims the California-based Apple’s iPhones and iPads are encoded with identifying devices that allow advertising networks to track what applications users download, how frequently they’re used and for how long. Apple iPhones and iPads are set with a Unique Device Identifier, or UDID, which can’t be blocked by users, according to the complaint.
“Some apps are also selling additional information to ad networks, including users’ location, age, gender, income, ethnicity, sexual orientation and political views,” according to the suit.
The suit was filed shortly after the publication of the WSJ’s Dec. 18 article Your Apps Are Watching You .
Some excerpts of above mentioned article:
“Among all apps tested, the most widely shared detail was the unique ID number assigned to every phone. It is effectively a “supercookie,” says Vishal Gurbuxani, co-founder of Mobclix Inc., an exchange for mobile advertisers.
On iPhones, this number is the “UDID,” or Unique Device Identifier. Android IDs go by other names. These IDs are set by phone makers, carriers or makers of the operating system, and typically can’t be blocked or deleted.
“The great thing about mobile is you can’t clear a UDID like you can a cookie,” says Meghan O’Holleran of Traffic Marketplace, an Internet ad network that is expanding into mobile apps. “That’s how we track everything.”
To my knowledge, no lawsuits have been filed yet in the EU against Apple, Google-Android or against the application makers/third party advertisers.
Since Apple’s and Google’s headquarters are located in the USA, and most app makers are also located outside the EU/EEA, the question arises whether the European Data Protection Laws even apply to data processed by Apple or by Google/Android in a EU/EEA member state. The same applies for app makers: most of hem are located outside the EU.
In other words: Can Apple, Google and app makers be sued on the basis of EU Data Protection Laws?
The EU Data Protection framework is “controller centric”. The defining criterion is the location of the data “controller”: is it/he/she located within the EU/EEA, either physically or symbolically? If yes, the controller is subject to the EU Data Protection framework.
Contrast this to the US model, which is “consumer centric”: The defining criterion for most US privacy laws, like e.g. COPPA, is the targeted market. Is the company targeting children in the US market? If yes, the US laws, in this case COPPA, are applicable, regardless of where the data controller is located.
The key provision on applicable law under the EU data protection framework is Article 4 of EU Directive 95/46/EC, which determines which national data protection law(s) adopted pursuant to the Directive may be applicable to the processing of personal data.
The present case would be governed by the EU Directive 2002/58/EC, the so called e-privacy directive on privacy and electronic communications, as amended by the EU Directive 2009/EC , the so called cookie directive. The EU Directive 2009/EC has not been implemented in all members states’ national laws yet, and the deadline is June 2011.
A controversial provision in this directive is the amendment that says that member states shall ensure that “the storing or access to information already stored in the terminal equipment of a subscriber or user is only allowed on the condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information … about the purposes of the processing.”
This has been understood by many as a requirement for websites to provide opt-in consent before installing cookies on a user’s device.
It needs reminding though, that according to the EU Directive 95/46/EC, processing of sensitive data requires explicit consent from the user!
Sensitive Data are data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union memberships or data concerning health or sex life. I dare say that in light of this definition, most data posted on social networking sites (SNS) are to be considered of a sensitive nature. So are some of the data transmitted by smartphone apps to third parties.
However, the EU Directive 2002/58/EC, as amended by the EU Directive 2009/EC , does not contain an applicable law and jurisdiction provision, but instead refers to Article 4 of the Directive 95/46/EC.
Article 4 (1) EU Directive 95/46/EC stipulates that the national law shall apply where:
(a) the processing is carried out in the context of the activities of an establishment of the controller on the territory of the (EU) Member State.
(c) the controller is not established on the Member State’s territory, and, for purposes of processing personal data makes use of equipment, automated or otherwise, situated on the territory of the said Member State…
For the sake of simplifying an extremely complex set of laws, I have left out provisions that do not directly apply to the situation discussed in this article.
But even so, the above mentioned rules have created many difficulties in application and interpretation by member states.
” The legal rules for determining whether EU law applies to business activities, if so which national law, and where jurisdiction lies, are extraorinarily complex, and involve a number of difficult questions for which there are no definite answers.” Christopher Kuner, European Data Protection Law, Corporate Regulation and Compliance, (2nd edition, Oxford University Press) 109.
Also, “No provision of Article 4 (or indeed, of the entire General Directive) has caused more controversy than Article 4(1)(c)”. ibid 118.
So, finally, on Dec. 16, 2010, the Article 29 Working Party released an Opinion 8/2010 on applicable law regarding the applicability of the EU Directive 95/46/EC.
The WP explains why it thought its opinion had become so necessary:
“The complexity of applicable law issues is also growing due to increased globalisation and the development of new technologies: companies are increasingly operating in different jurisdictions, providing services and assistance around-the-clock; the internet makes it much easier to provide services from a distance and to collect and share personal data in a virtual environment; cloud computing makes it difficult to determine the location of personal data and of the equipment being used at any given time.
Clarifying the concept of applicable law is of great importance, independently of possible amendments to the current provisions of the Directive in the future. Current provisions will remain valid until amended, and to the extent that they are not amended. Therefore clarification of the applicable law provisions will help to ensure better compliance with the Directive pending any amendment of the legislation. In addition, in preparing this opinion the Working Party has been able to draw on the experience of applying the current provisions with a view to providing guidance to the legislator to assist in any future revision of the Directive.
But the clear connection between the applicable law and the controller can be a guarantee of effectiveness and enforceability, especially in a context in which it can be difficult, or sometimes impossible, to locate a file (as may be the case for cloud computing).
Clear guidelines as to applicable law rules should help address new developments: technological (internet; network based files/cloud computing) and commercial (multinational companies).”
Indeed, to make a complicated situation even worse, the entire European Data Protection framework is up for review this year. ( See this previous blog post ).
But, as the WP mentioned, the current law still remains in effect as of now, until and if it is amended.
According to article 4, the main criteria in determining the applicable law are the location of the establishment of the controller, and the location of the means or equipment being used when the controller is established outside the EEA.
Article 4 (1) EU Directive 95/46/EC
a) “…an establishment of the controller on the territory of the Member State …”
Article 29 WP: “It is … important to emphasise that an establishment need not have a legal personality, and also that the notion of establishment has flexible connections with the notion of control. A controller can have several establishments, joint controllers can concentrate activities within one establishment or different establishments. The decisive element to qualify an establishment under the Directive is the effective and real exercise of activities in the context of which personal data are processed.
The notion of establishment is not defined in the Directive. The preamble of the Directive indicates however that “establishment on the territory of a Member State implies the effective and real exercise of activity through stable arrangements (and that) the legal form of (..) an establishment, whether simply branch or a subsidiary with a legal personality, is not the determining factor in this respect” (recital 19).
Concerning the freedom of establishment under Article 50 TFEU (former Article 43 TEC) the European Court of Justice (ECJ) has considered that a stable establishment requires that “both human and technical resources necessary for the provision of particular services are permanently available”.
The strong emphasis put in the preamble of the Directive on “effective and real exercise of activity through stable arrangements” clearly echoes the “stable establishment” referred to by the Court of Justice at the time of the adoption of the Directive. Although it is not clear whether this and subsequent interpretations by the ECJ as regards the freedom of establishment under Article 50 TFEU could be fully applied to the situations covered by Article 4 of the Data Protection Directive, the interpretation of the Court in those cases can provide useful guidance when analysing the wording of the Directive.
This interpretation is used in the following examples:
- Where “effective and real exercise of activity” takes place, for example in an attorney’s office, through “stable arrangements”, the office would qualify as an establishment. This induces a broad scope of application, with legal implications extending beyond the EEA territory: the Directive – and national laws of implementation – apply to the processing of personal data outside the EEA (where carried out in the context of activities of an establishment of the controller in the EEA), as well as to controllers established outside the EEA (when they use equipment in the EEA). As a consequence, the provisions of the Directive can be applicable to services with an international dimension such as search engines, social networks and cloud computing.
C) “…for purposes of processing personal data makes use of equipment…situated on the territory of the said Member State.“
This provision becomes relevant when the controller has no presence in EU/EEA territory which may be considered as an establishment for the purposes of Article 4(1)(a) of the Directive, as analyzed above.
This provision is especially relevant in the light of the development of new technologies and in particular of the internet, which facilitate the collection and processing of personal data at a distance and irrespective of any physical presence of the controller in EU/EEA territory.
Article 4(1)(c) will also apply where the controller has an “irrelevant” establishment in the EU. That is to say, the controller has establishments in the EU but their activities are unrelated to the processing of personal data. Such establishments would not trigger the application of Article 4(1)a.
The crucial element which determines the applicability of this Article and thus of a Member State’s data protection law is the use of equipment situated on the territory of the Member State.
The Working Party has already clarified that the concept of “making use” presupposes two elements: some kind of activity of the controller and the clear intention of the controller to process personal data. Therefore, whilst not any use of equipment within the EU/EEA leads to the application of the Directive, it is not necessary for the controller to exercise ownership or full control over such equipment for the processing to fall within the scope of the Directive.
The WP brings the following example:
A company located in New-Zealand uses cars globally, including in EU Member States, to collect information on Wi-Fi access points (including information about private terminal equipment of individuals) in order to provide a geo-location service to its clients. Such activity involves in many cases the processing of personal data.
The application of the Data Protection Directive will be triggered in two ways:
- First, the cars collecting Wi-Fi information while circulating on the streets can be considered as equipment, in the sense of Article 4(1)c;
- Second, while providing the geo-location service to individuals, the controller will also use the mobile device of the individual (through dedicated software installed in the device) as equipment to provide actual information on the location of the device and of its user.
Both the collection of information with a view to provide the service, and the provision of the geo-location service itself, will have to comply with the provisions of the Directive.
Notes: I wonder if the Article 29 WP might have been alluding to the Google Street View cases? And would the WP have included an app example, if it had waited two more days to publish its opinion? (The opinion was published on Dec. 16, and the WSJ article came out on Dec.18).
To get back to our original question:
“Do some iPhone and Android smartphone application makers violate the consent requirement of the e-Privacy Directive (2009/136)?”
The answer, of course, depends first on whether the European Data Protection Laws apply on the personal data processed by Apple or Google/Android and by third parties located outside the EU/EEA through smartphones.
In light of the above analysis of Article 4 (1) EU Directive 95/46/EC, it would seem that the EU Data Protection laws are indeed applicable to IPhone and Android and their application makers, whose apps send personal data like age, gender, location and phone identifiers to various ad networks.
In this case, either the EU users smartphone’s unique ID or the apps downloaded on the smartphone would be the “equipment” situated on the territory of a member state, that the app makers would use in order to process personal information.
Even though most of the companies creating these apps are startups, located outside the EEA, without any establishment within the EEA, they could be sued based on article 4(1)(c) of the Directive.
Article 4(1)(c) will also apply where the controller has an “irrelevant” establishment in the EU. That is to say, the controller has establishments in the EU but their activities are unrelated to the processing of personal data. Such establishments would not trigger the application of Article 4(1)a.
Apple’s headquarters are located in California, USA, and it has many “establishments” all over the EU, but the “establishments” may not be related to the processing of personal data on the iPhones. The same applies to Google. So, even for Apple and Google, article 4(1)(c) will provide the legal basis for applicability of EU law.
Once, the applicability of the EU Data Protection framework has been established, the answer to the question whether these apps violate the EU Data Protection laws is pretty clear.
The unique smartphone ID is like a “supercookie,” (see above), and the downloaded app itself can act like a cookie.
Smartphone apps that transmit the phone’s unique device ID, and/or other personal data to other companies without giving the user proper notice would be violating the directive, and the national EU member state laws.
When the data that are transferred consist of sensitive data, there has to be, in addition, opt-in consent from the user.
Under the EU Directive 2009/EC, in addition to notice, “consent” is required as well.
Even though there is controversy concerning the interpretation of the type of consent required under this directive (opt-in v. opt-out consent), the total absence of any type of consent in relation to apps on smatphones would indicate a violation of this directive and its current and future implementation by the member states national laws. The many apps that don’t even offer an opt-out option to users would certainly be violating the directive and its national implementations.
The Article 29 Working Party in its Opinion 8/2010 on applicable law ends with some recommendations for the overhaul of the EU data Protection framework:
“Additional criteria should apply when the controller is established outside the EU, with a view to ensuring that a sufficient connection exists with EU territory, and to avoid EU territory being used to conduct illegal data processing activities by controllers established in third countries. The two following criteria may be developed in this view:
− The targeting of individuals, or “service oriented approach”: this would involve the introduction of a criterion for the application of EU data protection law, that the activity involving the processing of personal data is targeted at individuals in the EU. This would need to consist of substantial targeting based on or taking into account the effective link between the individual and a specific EU country. The following examples illustrate what targeting could consist of: the fact that a data controller collects personal data in the context of services explicitly accessible or directed to EU residents, via the display of information in EU languages, the delivery of services or products in EU countries, the accessibility of the service depending on the use of an EU credit card, the sending of advertising in the language of the user or for products and services available in the EU. The Working Party notes that this criterion is already used in the field of consumer protection: applying it in a data protection context would bring additional legal certainty to controllers as they would have to apply the same criterion for activities which often trigger the application of both consumer and data protection rules.
− The criterion of the equipment/means: this criterion has shown to have undesirable consequences, such as a possible universal application of EU law. Nonetheless, there is a need to prevent situations where a legal gap would allow the EU being used as a data haven, for instance when a processing activity entails inadmissible ethical issues. The equipment/means criterion could therefore be kept, in a fundamental rights perspective, and in a residual form. It would then only apply as a third possibility, where the other two do not: it would address borderline cases (data about non EU data subjects, controllers having no link with EU) where there is a relevant infrastructure in the EU, connected with the processing of information. In this latter case, it might be an option to foresee that only certain data protection principles – such as legitimacy or security measures – would apply. This approach, which obviously would be subject to further development and refinement, would probably solve most of the problems in the current Article 4(1)(c).”
The directive allows for retention periods between 6 months and 24 months. Most member states have implementd the directive into their national law with retention periods varying from 6 months to 24 months.
Peter Hustinx, the European Data Protection Supervisor, declared recently that this directive is ” the most privacy invasive instrument ever adopted by the EU in terms of scale and the number of people it affects.”
Today was the last day of the sold out 27th Chaos Communication Congress (27C3), the annual four day conference organized by the Chaos Computer Club (CCC) in Berlin, Germany.
One of the many interesting lectures, titled: “Data Retention in the EU five years after the Directive: Why the time is now to get active” dealt with the many flaws inherent in the Data Retention Directive.
The panel consisted of Ralf Bendrath, Patrick Breyer, Katarzyna Szymielewicz, and axel.
The entire presentation was recorded and posted on YouTube, and I posted it below. It is certainly worth watching.
Ralf Bendrath explained how the directive turns the idea of a free society on its head.
In a free society, people may expect not to be constantly monitored and identified. With the directive, monitoring becomes the norm for everyone, and suddenly you have 500,000 million suspects in Europe. A study in Denmark calculated that every EU citizen is recorded in some manner 225 times a day, or on average every 6 minutes. Each time one makes or receives a phone call, each time one sends or receives an email, one is on record.
This constant monitoring affects several basic rights, like freedom of information, freedom of expression, freedom of assembly and freedom of organization. Some people may be hesitant to exercise those rights out of fear of being blacklisted by the government. This kills the idea of a free society.
Germany’s Federal Constitutional Court (Bundesverfassungsgericht) has recently overturned the German implementation of the Data Retention Directive and has declared it to be unconstitutional.
Romania’s Constitutional Court has declared the directive in breach of article 8 of the European Convention of Human Rights (ECHR).
There are constitutional cases regarding the directive pending in Hungary and Ireland.
The directive has also become a source of abuse:
In Germany, a TMobile employee sold a list of 17 million subscribers’ addresses on the black market. In Poland, four jounalists were being tracked in order to trace back their sources.
The panel ended with a call for a anti-data retention campaign in all 27 EU member states, before the announced review by the Commission. This will be the last opportunity to attack the core principles of the directive.
More than a hundred NGOs are petitioning against the directive. One of them is EDRI, the organization for European Digital Rights.
- Have a social and mobile new year http://bit.ly/f0RpLL#socialcommerce #mobileshopping
- Top 5 Privacy Violations of 2010 http://huff.to/e2rFGE #wikileaks#FB #tylerclementi #karenowen #foursquare
- Future-proof your data archive http://bit.ly/e86h8V #infogovernance#ediscovery #compliance
- BlackBerry says India can’t access encrypted datahttp://bit.ly/eYp4Gj #privacy
- McDonald’s accused of violating privacy http://bit.ly/hY5fCO#datamining #datapotection
- eDiscoveryJournal Reflects on The Year 2010 http://bit.ly/gb8EYa#ediscoveryU.S. Seeks Comments on Internet Privacy Report http://bit.ly/gfbIkc
- What you need to know about the year of the cloudhttp://bit.ly/egEAgx – good #cloud read; #ediscovery #privacyA to Z of tech law in 2010 (Canada) http://bit.ly/fsCwtk
- Predictive Analytics Pose Ethical Dilemmas http://bit.ly/hOYwb1#privacy #behavioraltargeting #DNTrack
- Top Eleven Cloud Predictions for 2011: Bangladesh Leads the Wayhttp://bit.ly/gS7BGt #privacy #security
- Are national data stored on servers in India? Infopocalypse: The cost of too much data http://bit.ly/h5S28t #FOIA #security #privacy
- Infopocalypse: The cost of too much data http://bit.ly/h5S28t
- Genome Hackers http://bit.ly/fvEDIV #privacy #DNA
- Intelligence Bureau (India) to ISPs: Retain data for 6 mthshttp://bit.ly/gYG1po #privacy #dataprotection #security
- Privacy Push Will Impact Geolocation Sector, Attorney Says (K.Pomfret) http://bit.ly/fh8tEh
- Attention all physicians! Unencrypted email implicated in patient data breach http://bit.ly/fuxBMQ #privacy #HIPAA
- The snow plows have arrived in Brooklyn! #snowpocalypse #day 4 http://plixi.com/p/66478065 #
- RT @LossofPrivacy: Biometric Security Now a Reality with BioLock, Coming to Android Soon http://bit.ly/gjgJ5B #biometrics #
- RT @DiscoverTERIS: Cloud Computing: eDiscovery and the Cloud Don’t Mix Well — At Least Not Yet http://bit.ly/gdStuR #
- New York Struggles as Blizzard’s Impact Chastens Bloomberg http://nyti.ms/hdCfbU #fail #
- Can Consumers Learn to Love Behavioral Targeting? http://bit.ly/guYlcX -the numbers speak for themselves #privacy #
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- Social Media Trends For 2011 http://bit.ly/fwGmSO -awww, mean! #
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- The Big Secret of Social Media http://bit.ly/hqFi9x #socialmedia #
- Reinventing Review in Electronic Discovery http://bit.ly/gwcqKU #ediscovery #
- The Year in Web http://bit.ly/er37hZ #
- 2010′s top 5 storage stories http://bit.ly/gHyXFS #ediscovery #
- The year in new media http://bit.ly/eBJ0GG #socialmedia #
- Man Hacks Wife’s Computer and Faces Prison http://bit.ly/eYpZFt – but cookies from total strangers are legal? #privacy #kafka #
- Where are the snowplows? #snowpocalypse #fail #Brooklyn http://plixi.com/p/66343172 #
- Thanks for RTs today! @PrivacyCamp @econwriter5 @clarinette2 @bark140 @lexorati @hrucic @AmyParalegal7 @Swestfall @ArtSkaran (2/2) #
- Thanks for RTs today ! @AdvertisingLaw @EzeeWeb @SteveAkinsSEO @christinazaba @larryeirings @lllivingsto @he7en (1/2) #
- RT @alexanderhanff: Privacy & Technology Review! http://bit.ly/bhdwl8 ▸ Top stories by @steph3n @shaundakin @eudiscovery @lilianedwards #
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- Apple sued over data tracking http://bit.ly/hDGJWo #privacy #dataprotection #
- cnet’s year in privacy review http://bit.ly/fdBqgo #
- The Posselist’s e-Discovery Predictions for 2011 http://bit.ly/gkaFrh HILARIOUS! How did I miss this? #
- Privacy and Data Protection Year in Review http://bit.ly/ewxmpn #dataprotectuon #privacy #
- The security landscape from 2010 to 2011 http://bit.ly/h46QBm #
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- Privacy groups ask FTC to probe drug companies’ online practices http://bit.ly/g5Dm3X #privacy #profiling #onlinetracking #
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- Get a life! RT @LossofPrivacy: Arizona city wants fingerprint checks for some medicines http://j.mp/eBPhdR #biometrics #politics #
- Privacy v transparency : interview with John Perry Barlow http://ht.ly/3thUc #
- ThnxRT @LossofPrivacy: Happy Holidays @BeatTheChip, @PogoWasRight, @PrivacyDigest, @PrivacyCamp, @CenDemTech, @EUDiscovery, @Privacyactivism #
- Thnx !RT @DebbieLaskeyMBA: #FF #privacy #security @PrivacyProf @IsCool @Tips4Tech @georgevhulme @molecule18 @EUdiscovery @marykayhoal. #
- thnx RT @jdp23: #ff for #privacy @PrivacyActivism @PogoWasRight @PrivacyToday @PrivacyDigest @EUDiscovery @PRC_Amber @clarinette_02 #
- RT @PogoWasRight: Merry Xmas #FF @Kashhill, @ashk4n, @random_walker, @EUdiscovery, @georgevhulme, @caparsons, @netfreedom, @techmeerkat … #
- Thnx!RT @710928: Merry Christmas #FF @DoraBlack @msrelevance @greenroofsuk @horiuchijin @fitbintim @ullyss @ElyssaD @avaiki @EUdiscovery #
- Video Surveillance Now Available with New Feature “Privacy Mask” http://bit.ly/fwiPvg #
- Judge Allows NebuAd Privacy Lawsuit To Proceed http://bit.ly/eExtDN #behavioraltargeting #tracking #
- The Year Ahead for Text and Sentiment Analysis http://bit.ly/hwNfi3 #ediscovery #socialmedia #
- EU adopts report on “the Impact of Advertising on Consumer Behaviour http://bit.ly/fsKeTP #privacy #dataprotection #
- The Social Media User’s Holiday Wish for Privacy (plus quiz!) http://bit.ly/g6pHeu #socialmedia #dataprotection #profiling #
- EU Criticises US ‘Lack Of Interest’ In Data Protection http://bit.ly/gDJccA #privacy #dataprotection #
- Privacy, Hactivists, Insider Threats: Security Predictions for 2011 http://bit.ly/g8eQF6 #
- My Blackberry isn’t working-British Humor http://youtu.be/kAG39jKi0lI #hitech #
- RT @IntegreonEDD: Wikileaks breached, springs a leak: All 250000 cables now reported leaked in Norway http://gaw.kr/fJGFDm | #databreach #
- RT @security_breach: The #databreach Daily is out! http://bit.ly/fRmuAH ▸ Top stories today by @eudiscovery @elephantoutlook #
- WikiLeaks, not Facebook, defines 2010 http://bit.ly/hYFMRO #privacy #
- You can’t outsource privacy http://bit.ly/fYEFlk- bold statements #
- Indian Parliament, Aadhar Project, UIDAI And #Privacy Rights http://bit.ly/dWR9fQ #cloud #dataprotection #
- RT @IntegreonEDD: Unexpected #eDiscovery Boldly Exploring the Outermost Frontiers of ESI http://bit.ly/fjB1V8 | @LegalIT by @ChristyBurkePR #
- This year neutrality, next year privacy? http://bit.ly/h2k5XF #
- ICO (UK) colluded with #Google on Wi-Fi sniffing http://bit.ly/hEjdFh #privacy #dataprotection #EU #
- Data Breach Could Test Massachusetts Law http://bit.ly/i1VCtY #databreach #privacy #
- Thanks for Rts @CiindyOlson @tamir_i @PrivacyProf @PrivacyIInfo @chrisdaleoxford @Startingpage @globaledd @mixner3 @hrucic and @bendrath #
- Steve Wozniak to the FCC: Keep the Internet Free http://bit.ly/fyLcq6 #netneutrality #
- RT @wired: Why everyone hates new net neutrality rules — even NN supporters (by @arstechnica) http://bit.ly/ier8w8 #
- RT @Exterro: How to keep the cloud from bursting during litigation: http://ht.ly/3sOLn via @alm @lawtechnews #ediscovery #
- Weekly Privacy Tip: Getting Your Medical Records http://bit.ly/hTAtRe #
- FCC adopts net neutrality (lite)-loophole-ridden;business as usual http://bit.ly/idtSHd #
- Happy Holidays & 2011! #privchat #
- disagree; huge privacy implications RT @ProfJonathan: A5 (cont): The #wikileaks story itself is *not* a #privacy story, except … #privchat #
- A5:wikileaks #privchat #
- A4:other interesting 4th amendment case re placing of GPS tracking device on car http://bit.ly/cQs1q8 #privchat #
- A1&A2: US is “dying” to be recognized as “adequate” country (privacy wise) by EU; better start regulating online/app privacy then. #privchat #
- A1&A2: US is “dying” to be recognized as “adequate” country (privacy wise) by EU; better start regulating online/app privacy then. #
- but then they get in2 trouble in the EU, Australia… RT @ehasbrouck: #privchat @EUdiscovery … unenforced law is simply ignored #
- correct!RT @PRC_Amber: @Startingpage @EUdiscovery that was a great quote by Jeff Chester from this article: http://bit.ly/hbUROa #privchat #
- A1: facilitating transborder data flow shld also be incentive for self regulation #privchat #
- A1: putting DOC in charge of consumer protection like putting fox in charge of henhouse #privchat #
- “social media” graph in Googlelabs Ngram Viewer (1500-2008)-I’m dizzy! http://bit.ly/ieZeSk #
- “Privacy” graph in Googlelabs Ngram Viewer (1500-2008) http://bit.ly/gaaJ2E #
- EU-US relations: ‘Je t’aime, moi non plus?’ http://bit.ly/fe57zQ #
- Which Bank would you like with that Phish? http://bit.ly/fN8aZ6 #privacy #security #
- Products are optional, privacy isn’t (ine the EU at least) http://bit.ly/i3Sdpa #
- Google deletes drive-by data haul -UK http://bit.ly/hGy2Nk #privacy #
- EU Viviane Reding takes on US over data privacy rights in anti-terror campaign-US Kennard “surprized” http://bit.ly/h4DFhw #privacy #
- More e-Discovery Trends for 2011 http://bit.ly/fbxM2l #ediscovery #
- Negotiations on new EU-US #dataprotection deal moving ahead, Kennard says. http://bit.ly/eCDtcU -but Reding said NOT, so who’s right? #
- Thanks for RTs @clarinette02, @getwired @lisajw28 @futureidentity @christinazaba @rmack @Cyber_Panda_ @IntegreonEDD and @econwriter5 ! #
- RT @briansolis: Stanford Law’s @rcalo gets us to rethink privacy http://bit.ly/el3xgK #
- RT @InfoRiskAware: What would happen if WikiLeaks spread to ediscovery? http://bit.ly/gwDOkO (via @ChristianUncut) #
- My shrinking world-Targeted TV Ads Set for Takeoffhttp://linkd.in/fo3dnv #privacy #profiling #
- RT @JulesPolonetsky: attributes sent 2 DirecTV as blind match masking details a household has http://on.wsj.com/gmfKCw #privacy #
- Centre at Hunton Williams Releases Statement on Department of Commerce’s Green Paper http://bit.ly/fVf8GZ #privacy #
- In America, Privacy Takes a Back Seat- DriveMeCrazy App http://bit.ly/dVjDGw #privacy #apps #
- Google Refuses To Provide Blumenthal Street View Data http://bit.ly/fzI8dS #privacy #
- Google sued for $7K over woman’s underwear http://bit.ly/h67Xnc #privacy #
- Can the Postal Service fleet become a data collection network? http://bit.ly/e8EERt #privacy #
- Sophos: Beware Facebook’s new facial-recognition feature http://bit.ly/dGlH82 #privacy #
- Google facing encryption battle in India http://bit.ly/f86wKF #privacy #
- The Social Media User’s Holiday Wish for #Privacy http://bit.ly/g6pHeu #socialmedia #dataprotection #
- RT @ComplexD: iPhone Photos and Videos as Evidence – http://tinyurl.com/2ep22ce (Jeff Richardson) #
- A week’s worth of #ediscovery #privacy and #socialmedia tweets http://bit.ly/eUxPh7 #
- Video Surveillance Now Available with New Feature “Privacy Mask”http://bit.ly/fwiPvg
- Judge Allows NebuAd Privacy Lawsuit To Proceedhttp://bit.ly/eExtDN #behavioraltargeting #tracking
- The Year Ahead for Text and Sentiment Analysis http://bit.ly/hwNfi3#ediscovery #socialmedia
- EU adopts report on “the Impact of Advertising on Consumer Behaviour http://bit.ly/fsKeTP #privacy #dataprotection
- EU Criticises US ‘Lack Of Interest’ In Data Protectionhttp://bit.ly/gDJccA #privacy #dataprotection
- Privacy, Hactivists, Insider Threats: Security Predictions for 2011http://bit.ly/g8eQF6
- Interview with the European Union Privacy Chief: Interesting interview with Viviane Reding, the vice president o…http://bit.ly/eLgbZU
- How to shop safely online, a white paper of the European Network and Information Security Agency (ENISA) : http://bit.ly/dX8VZy
- Rape victim arrested and banned from airport for refusing pat downhttp://j.mp/dSA6Ho #tsa #wontfly #flywithdignity
- My Blackberry isn’t working-British Humorhttp://youtu.be/kAG39jKi0lI #hitech
- RT @IntegreonEDD: Wikileaks breached, springs a leak: All 250000 cables now reported leaked in Norwayhttp://gaw.kr/fJGFDm | #databreach
- RT @security_breach: The #databreach Daily is out!http://bit.ly/fRmuAH ▸ Top stories today by @eudiscovery@elephantoutlook
- WikiLeaks, not Facebook, defines 2010 http://bit.ly/hYFMRO#privacy
- You can’t outsource privacy http://bit.ly/fYEFlk- bold statements
- Indian Parliament, Aadhar Project, UIDAI And #Privacy Rightshttp://bit.ly/dWR9fQ #cloud #dataprotection
- RT @IntegreonEDD: Unexpected #eDiscovery: Boldly Exploring the Outermost Frontiers of ESI http://bit.ly/fjB1V8 | @LegalIT by @ChristyBurkePR
- We think public documents should move freely within the #EU. What do you think? http://bit.ly/fx6333
- This year neutrality, next year privacy? http://bit.ly/h2k5XF
- ICO (UK) colluded with #Google on Wi-Fi sniffing http://bit.ly/hEjdFh#privacy #dataprotection #EU
- Data Breach Could Test Massachusetts Law http://bit.ly/i1VCtY#databreach #privac
- yRT @ukhomeoffice: ID cards consigned to historyhttp://tinyurl.com/2ade7ur
- Steve Wozniak to the FCC: Keep the Internet Freehttp://bit.ly/fyLcq6 #netneutrality
- RT @wired: Why everyone hates new net neutrality rules — even NN supporters (by @arstechnica) http://bit.ly/ier8w8
- RT @Exterro: How to keep the cloud from bursting during litigation:http://ht.ly/3sOLn via @alm @lawtechnews #ediscovery
- Weekly Privacy Tip: Getting Your Medical Recordshttp://bit.ly/hTAtRe
- FCC adopts net neutrality (lite)-loophole-ridden;business as usualhttp://bit.ly/idtSHd
- Watch #FCC commission meeting live: http://reboot.fcc.gov/live#netneutrality
- “social media” graph in Googlelabs Ngram Viewer (1500-2008)-I’m dizzy! http://bit.ly/ieZeSk
- “Privacy” graph in Googlelabs Ngram Viewer (1500-2008)http://bit.ly/gaaJ2E
- EU-US relations: ‘Je t’aime, moi non plus?’ http://bit.ly/fe57zQ
- Which Bank would you like with that Phish? http://bit.ly/fN8aZ6#privacy #security
- Products are optional, privacy isn’t (ine the EU at least)http://bit.ly/i3Sdpa
- Google deletes drive-by data haul -UK http://bit.ly/hGy2Nk #privacy
- EU Viviane Reding takes on US over data privacy rights in anti-terror campaign-US Kennard “surprized” http://bit.ly/h4DFhw#privacy
- More e-Discovery Trends for 2011 http://bit.ly/fbxM2l #ediscovery
- Negotiations on new EU-US #dataprotection deal moving ahead, Kennard says. http://bit.ly/eCDtcU -but Reding said NOT, so who’s right?
- RT @legalbrat “@lods1211: “Is a tweet a #copyright work?”http://is.gd/iZj8c @legalbrat says yes to @lofd1211.
- RT @briansolis: Stanford Law’s @rcalo gets us to rethink privacyhttp://bit.ly/el3xgK
- RT @InfoRiskAware: What would happen if WikiLeaks spread to ediscovery? http://bit.ly/gwDOkO (via @ChristianUncut)
- My shrinking world-Targeted TV Ads Set for Takeoffhttp://linkd.in/fo3dnv #privacy #profiling
- RT @JulesPolonetsky: attributes sent 2 DirecTV as blind match masking details a household has http://on.wsj.com/gmfKCw
- Centre at Hunton Williams Releases Statement on Department of Commerce’s Green Paper http://bit.ly/fVf8GZ #privacy
- In America, Privacy Takes a Back Seat- DriveMeCrazy Apphttp://bit.ly/dVjDGw #privacy #apps
- Google Refuses To Provide Blumenthal Street View Datahttp://bit.ly/fzI8dS #privacy
- Google sued for $7K over woman’s underwear http://bit.ly/h67Xnc#privacy
- Can the Postal Service fleet become a data collection network?http://bit.ly/e8EERt #privacy
- Sophos: Beware Facebook’s new facial-recognition featurehttp://bit.ly/dGlH82 #privacy
- Google facing encryption battle in India http://bit.ly/f86wKF #privacy
- The Social Media User’s Holiday Wish for #Privacyhttp://bit.ly/g6pHeu #socialmedia #dataprotection
- RT @ComplexD: iPhone Photos and Videos as Evidence -http://tinyurl.com/2ep22ce (Jeff Richardson)
“May 2011 see the universal inception of PbDs, PETs and SSL/TLS to refudiate the global sniffing and scraping of UDIDs, DPIs, URLs and all digital footprints by grizzlie cookies and other such monsters.
May we see lots of double rainbows in the cloud!”
P.S. Quick poll (this will help us enhance your online user experience):
1. Are youA. a sofalizer
B. a cofficer?
C. none of the above
D. all of the above
2. In order to understand this wish in plain English, did you need the help ofA. This recent New York Times article
B. PbD = Privacy by Design
C. PET = Privacy Enhancing Technologies
D. UDID = Unique Device Identifier
E. DPI = Deep Packet Inspection
F. All of the above
G. None of the above
H. Some of the above?
3. Do you likeA. Cup cakes
B. Peanut butter sandwiches
C. Soft bristled tooth brushes
D. Sarah Palin
E. All of the above
F. None of the above
G. Some of the above
Thank you and HAPPY HOLIDAYS!
- yes RT @legalift: @EUdiscovery Hilarious that such a conf takes place in a state where youtube is banned and police surveillance is rampant. #
- Thanks for recent RTs! @proactivedefend @opexxx @tamir_i @RobertCruz03 @PSS_Systems @day-dree @christinazaba @fcopyright (3/3) #
- Thanks for recenr RTS ! @asialegaltech @globaledd @legalift @Tips4Tech @HighlightTech @_nat @PrivacyFanatic (2/3) #
- Thanks for recent RTs @hrucic @PrivacyCamp @TechIsMidlName @clarinette02 @PetePepiton @FCRoland @Cyber_Panda_ @Privacymatters (1/2) #
- Thnx for #FF @710928 #
- Tunisia: International Conference on the Protection of Personal Data in a World without Borders http://bit.ly/hcS25n #privacy #
- IPTF Privacy Report http://bit.ly/fZDsZa -excellent summary #
- PrivacyProf takes look ahead to #security trends for 2011 http://bit.ly/fzwQBJ What trends do you see? #privacy #
- Privacy, security legislation coming in 2011 could affect enterprise IT http://bit.ly/efBdLh #
- RT @hpnews: Social media as social index: the @NYTimes "Year in Ideas" features @HPLabs http://nyti.ms/e5mPcg #
- RT @clearwell: Clearwell Now Enabling E-Discovery in Microsoft Cloud http://bit.ly/e1m5Aw #ediscovery #
- RT @LossofPrivacy: The Loss of Privacy Daily is out! http://bit.ly/hoDwKC ▸ Top stories today by @eudiscovery @thedarknet @wc2a_2ae #
- RT @PrivacyCamp: RT @prnewschannel: Consumer Watchdog: Commerce Department #privacy report leaves consumers out in cold http://ow.ly/3qklB #
- fabulous! RT @hrucic: +1 RT @teakosta: Great stuff! Social Networking Cartoons http://j.mp/fO20PF #
- RT @PrivacyMemes: Commerce Dept calls for cloud security, privacy 'bill of rights'.. http://bit.ly/i87fr0 #privacy #
- RT @JulesPolonetsky: Here is the Commerce Dept #Privacy Report http://bit.ly/gzB6Xq #
- I doubt that Assange would be happy with Hitler's sponsorship RT @kashhill: Time's Peeps of the Year ….: http://bit.ly/eaAOZu #
- European Parliament gives go ahead to citizens' petitions http://bit.ly/hMaHgW #
- State (CA) loses personal data for 2,550 patients, employees and others (unencrypted)http://bit.ly/eVtVXh #databreach #privacy #security #
- Interesting legal "concepts": Google Will Respond to "valid Requests" for Data From India http://bit.ly/hM453a #privacy #
- Facial recognition comes to Facebook photo tags http://bit.ly/gIgea1 #privacy #dataprotection #
- Finally succeeded in installing "follow me" badge on my site! http://bit.ly/d8BAG2 compatability issues of plugins with wp 3.0.3 #
- FB's Instant Personalization List Grows: Pandora, Docs, Yelp, Rotten Tomatoes, Scribd, Bing and now Clicker. #privacy #dataprotection #
- Clicker Partners With Facebook To Offer Personalized TV Recommendations http://bit.ly/ez8L9p #privacy #behavioraltargeting #
- Europe tells Britain to justify itself over fingerprinting children in schools http://bit.ly/eSOag3 #privacy #biometrics #EU #
- TT @lepetitchose: Jesus' birth as announced by social media http://bit.ly/fzkHCd #Fun via @incarnare @eseguier #
- RT @PrivacyMemes: Mark Zuckerberg Named Time Magazine’s 2010 Person Of The Year http://bit.ly/ei4fiu #privacy #
- How to recover your Data from the Cloud – cartoon http://bit.ly/fDiN8g #ediscovery #privacy #
- e-Discovery Trends to Watch For in 2011 http://t.co/15Mbybv #ediscovery #
- yes if "reasonable expectation of privacy"MT @PrivacyWonk: ruling on e-mail being protected by 4th Amendment covers socialmedia sites ? #
- RT @EFF Breaking News on EFF Victory: Appeals Court Holds that Email Privacy Protected by Fourth Amendment http://bit.ly/etmTXe #
- Conflict of interest problem…RT @alexanderhanff: @PRC_Amber we need more high profile priv advocates being offered CPO roles… #privchat #
- RT @PrivacyCamp: Don't forget transcripts of #PrivChat on #Privacy are always here > http://wthashtag.com/Privchat #
- A4; ultimately, data only as private/secure as the weakest link-anywhere/anytime #privchat #
- A3: If PatriotApp as inefficient as 311 app, then…insignificant – security theater #privchat #
- RT @PrivacyCamp: iPhone snitch network launched http://ow.ly/3p45c #Privacy #Mobile #Apps #
- the end of democracy RT @CenDemTech: #PrivChat Q3: What are the implications of the "PatriotApp" for #privacy rights? http://bit.ly/hr4DNa #
- Both RT @PrivacyWonk: @CenDemTech @EUdiscovery b/c of that meme or b/c of ..increase in attention by Google/Fb/Twitter "scandals"? #privchat #
- Ha! my idea in #privchat ( MOORE)RT @alexanderhanff: A1: I am currently working with a film company on a privacy documentary #
- BECAUSE of meme: wake up call! RT @CenDemTech: @EUdiscovery Obj. 2 "privacy is dead" meme is that demnd 4 #privacy is pickng up …#PrivChat #
- If CNN, WSJ does not convince you that #privacy is dead, read Shteyngart's "Super Sad True Love Story" http://bit.ly/ezBFpe #privchat #
- #cloud #search #socialmedia RT @TrialSolutions: 3 Elements that Defined #eDiscovery in 2010 http://bit.ly/gGhe14 #
- EU warns over smartphone #security http://bit.ly/i99bRv #privacy #
- RT@PosseList Dec 11th weekend “Top 20 … plus more” – a compendium of e-discovery articles/upcoming events http://bit.ly/i82KP4 #ediscovery #
- #Dataprotection compliance in the EU administration: EDPS adopts comprehensive policy on supervision and enforcement http://bit.ly/dM7IfB #
- IQPC Exchange in Munich: Information Retention and eDiscovery in Europe http://bit.ly/i4wQv0 #
- Will 2011 be the year of Cloud?: http://bit.ly/dZPHLQ #
- Thnks! RT @alexanderhanff: Privacy & Technology Review is out! http://bit.ly/fQ57zE ▸ Top stories today by @eudiscovery #
- Invest in crumbling infrastructure: will create jobs faster than tax cuts for billionaires- Senator Sanders #
- If middle class gets crushed, who is going to buy all the goods, eh? – Bernie Sanders #
- What are you smoking Mr. President?- Bernie Sanders #
- Go Bernie Sanders!!!! Standing up for the American people! #
The theme of the conference was: Data Protection of Personal Information in a world without borders and the challenges of new technologies.
Tunisian Minister of Justice and Human Rights, Mr. Lazher Bououini, reaffirmed Tunisian’s President Zine El Abidine Ben Ali’s special interest in the protection of personal data and the fact that in Tunisia, it has the status of a constitutional right.
In Tunisia, the protection of personal data is covered by a comprehensive law of July 27, 2004.
On November 27, 2007, Tunisia created a Data Protection Supervisory Office.
The minister identified as a major challenge in coming years the protection of the security and privacy of personal information on the internet, especially concerning vulnerable categories of people like children.
Where is my data? #@$%&*!
Follow Super Mario to find out!