Reinventing Data Protection?

This book is about data protection, privacy and liberty and the way these fundamental values of our societies are protected and enforced, particularly in their interaction with the ever developing capacities and possibilities of information and communicat

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Serge Gutwirth · Yves Poullet · Paul De Hert · C´ecile de Terwangne · Sjaak Nouwt Editors

Reinventing Data Protection?

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Editors Prof. Serge Gutwirth Vrije Universiteit Brussel Center for Law, Science Technology & Society Studies (LSTS) Pleinlaan 2 1050 Brussel Belgium [email protected]

Prof. Yves Poullet University of Namur Research Centre for Information Technology & Law Rempart de la Vierge 5 5000 Namur Belgium [email protected]

Prof. Paul De Hert Vrije Universiteit Brussel Center for Law, Science Technology & Society Studies (LSTS) Pleinlaan 2 1050 Brussel Belgium [email protected]

Prof. C´ecile de Terwangne University of Namur Research Centre for Information Technology & Law Rempart de la Vierge 5 5000 Namur Belgium [email protected]

Dr. Sjaak Nouwt Royal Dutch Medical Association (KNMG) Mercatorlaan 1200 3528 BL Utrecht Netherlands [email protected] (formerly: TILT, Tilburg University, Netherlands)

ISBN 978-1-4020-9497-2

e-ISBN 978-1-4020-9498-9

DOI 10.1007/978-1-4020-9498-9 Library of Congress Control Number: 2009920948 c Springer Science+Business Media B.V. 2009  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 9 8 7 6 5 4 3 2 1 springer.com

Foreword by Karel De Gucht, Deputy Prime Minister and Minister of Foreign Affairs of Belgium

Twenty-first century world citizens are living at the crossroads of an ever expanding network of international trade-, investment-, travel-, communications- and knowledge flows. Modern societies find their dynamism in the free flow and competition of ideas and the free access to a wide range of information channels and pluralistic media. Citizens discover new ways to develop their fundamental freedoms. Travelling across the globe – which a Minister for Foreign Affairs also does quite often – mobile ICT-technology allows us to stay abreast of developments at home or elsewhere. Credit cards – with microchips – also allow us to pay bills in virtually every hotel in the world. MIT Professor Henry Jenkins has even developed the notion of ‘twenty-first century literacy’, based on the ability to read and write but also digital skills to participate socially and collaboratively in the new media environment. These include: instant messaging, Myspace, sampling, zines, mashups, Wikipedia, gaming and spoiling. Citizens in the developing world too use technological advancements to their maximal benefit. The introduction of mobile telecommunication in Sub-Saharan Africa is a good example. Faraway regions reconnect with their capital and the rest of the country, on which they often depend for the delivery of basic services. In many villages, citizens can either