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Who decides what privacy is?

Blog (updated 15 June 2016): There’s a battle of words going on, the battle is about the definition of “privacy”, and it’s been going on for centuries. Somehow we’ve led ourselves to believe that the definition of privacy that we all think we share is something intrinsically connected to the individual. But actually it’s not. Although privacy as such is in fact only something the individual can claim (corporations and states cannot), the individual has always been very absent in the very construction of the concept.

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Youth, privacy and online media: Framing the right to privacy in public policy-making

by Gry Hasselbalch Lapenta, Rikke Frank Jørgensen

PUBLICATIONS: The right to privacy is a fundamental human right defined in international and regional human rights instruments. As such it has been included as a core component of key legislature and policy proceedings throughout the brief history of the World Wide Web. While it is generally recognized in public policy making that the right to privacy is challenged in new ways in a structurally transformed online public sphere, the way in which it has been framed does not seem to acknowledge this transformation.

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Recap of Computers, Privacy & Data Protection Protection Conference, Brussels 2015

BLOG: “It’s like preaching to the converted” one participant tells me when I arrive one day into the CPDP 2015 conference. And so it is. The meta narrative of the conference is so univocally clear and concurred that the Twitter feed #CPDP2015 is almost at a stand still. Expect from occasional ill received peeps from US representatives about compliance with EU data protection standards and so on and so forth, privacy is generally viewed as a business opportunity, an EU competitive differentiator and a legal right (yes, one still need to emphasise that).

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Next: “The Selfie Drone” – which laws apply?

– by Gry Hasselbalch

The drones are arriving. Not only as military devices. But as a new business model, a different way of conducting journalism and a new research tool. The tiny device will fly high above and with images add a new perspective that reveals a world of detail that would not have been possible from a ground perspective. According to the media and journalism scholar Kathleen Bartzen Culver presenting at this weeks panel “Drones at the margins” at the annual CPDP 2015 conference it is estimated that the US will have between 20.000 – 30.000 drones by 2020 and that drones will be a 90 billion dollar industry in the future. Evidently so called ‘drone laws’ and policies are emerging aimed at framing the conduct of people and institutions with the devices. Continue reading “Next: “The Selfie Drone” – which laws apply?”

Outline: Civil society, legal/interstate and technical community responses to the challenges to privacy (talk on “Privacy in the Age of Big Data” )

We have moved on to an important stage in the evolution of the internet characterized by an increasing demand from all sectors of society to regain control. This stage is comprised by legal/interstate responses to the challenges to privacy, technical community responses and civil society sentiments and actions.

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Sliding from self-regulation to self-policing: When internet intermediaries are asked to balance rights

EDRI’s recent report “The slide from self-regulation to corporate censorship” addresses one of today’s biggest challenges when it comes to the balancing of our digital rights.

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Privacy and Jurisdiction in the Network Society

In the network society, the right to privacy is challenged by new automated methods of collecting data and global information networks used to their full potential by both state actors and non-state actors. New technologies hold a potential for increasingly sophisticated methods of state’s intelligence gathering and police investigations. Moreover, with the introduction of the internet, a space for private parties as data disseminators, collectors and processors has been created. This development has expanded the primarily negative scope of Article 8 of the European Convention of Human Rights to include also positive obligations. In its case law, the European Court of Human Rights (ECHR) has on several occasions addressed the challenges of technological progress to the right to privacy and stipulated the positive obligations of states when securing the appropriate balance between the benefits of technologies and the right to privacy. In some aspects the stipulations are rather clear however, there are some implications of the ECHR’s application of a primarily territorial definition of jurisdiction to the question of global information networks that creates a level of uncertainty as to the essence of state parties’ to the convention obligations….

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