European Data Protection: In Good Health?
Although Europe has a significant legal data protection framework, built up around EU Directive 95/46/EC and the Charter of Fundamental Rights, the question of whether data protection and its legal framework are ‘in good health’ is increasingly being pose
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Serge Gutwirth • Ronald Leenes • Paul De Hert Yves Poullet Editors
European Data Protection: In Good Health?
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Editors Serge Gutwirth Center for Law, Science, Technology and Society Studies (LSTS) Vrije Universiteit Brussel (VUB) Pleinlaan 2, Brussels Belgium
Paul De Hert Center for Law, Science, Technology and Society Studies (LSTS) Vrije Universiteit Brussel (VUB) Pleinlaan 2, Brussels Belgium
Ronald Leenes Tilburg Institute for Law, Technology, and Society (TILT) Tilburg University Warandelaan 2, AB Tilburg The Netherlands
Yves Poullet Research Centre for Information Technology & Law University of Namur Rempart de la Vierge 5, Namur Belgium
ISBN 978-94-007-2902-5 e-ISBN 978-94-007-2903-2 DOI 10.1007/978-94-007-2903-2 Springer Dordrecht Heidelberg London New York Library of Congress Control Number: 2012931001 © Springer Science+Business Media B.V. 2012 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
The informational society is in a state of constant flux. After the adoption of the Internet as a prominent channel of information (websites) and communication (e-mail, chat, IM, VOIP), we are now witnessing a transition whereby internet infrastructure is also used for storing and processing data. Cloud computing is replacing direct control of data on local devices with flexibility, scalability and accessibility from anywhere. Cloud computing however also complicates the privacy and data protection landscape because crucial concepts such as the ‘data controller’ and consequently their responsibilities, liabilities, duties, and the ‘purpose of the processing’ (which indicates what a processing is), are (further) blurred. Next to this, we face an enormous growth of tracking, monitoring and surveillance applications. Automatic number plate recognition is not only being used to detect passing cars that are already on black-lists, but increasingly as a blanket method of collecting the number plates of all passing cars, only to be analysed afterwards in order to detect interesting or pertinent correlations. This shift from targeted to all-round monitoring is significant because it is at odds with and undermines the constitutional principle of the presumption of innocence, by actually turning it upside down. In the domain of commerce, internet users are increasingly taking for granted the free services that the internet offers, whilst ignoring the manner in which it works from the perspective of the service providers and the webmasters. The bottom line is however that if you do not pay for a service, you are not the customer, but rather the product th
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