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Privacy

on the
Internet
Dr. Julia Sziklay
Office of the Parliamentary Commissioner for
Data Protection and Freedom of Information
7-1-2009

Internet = "network of networks"


a global data communications system - a
hardware and software infrastructure that
provides connectivity between computers
consists of millions of private and public,
academic, business, and government networks
of local to global scope that are linked by various
technologies
carries all kind of information resources and
services, such as electroniv mail, online chat, file
transfer and file sharing, online gaming and the
inter-linked hypertext documents and other
resources of the World Wide Web.

History of the Internet

1946: a comic science-fiction by M. Leinster A Logic Named Joe


1958: Advanced Research Projects Agency (first goal to connect
country-wide radar systems for the U.S. Air Force)
1969: first network connection between the University of California
and Stanford Research Institute
1978: International Packet Switched Service (first commercial use in
the telecommunication and the bank sector)
1988: open for commercial use
1991: European Organization for Nuclear Research publicized the
World Wide Web project (with a web browser one can view Webpages that may contain text, images, videos and other multimedia
and navigate between them using hyperlinks)
1993: WWW was declared as free to use for everyone
2008, June: 1.463 billion people user

Characteristics of the Internet


(+) public and available for anyone,
(+) a useful tool for opening access to data of
public interest
(+) serves freedom of thinking and freedom of
expression on a global level
BUT

(-) rather vulnerable in terms of data security


(-) a potential source of inaccurate or untruthful
information;
(-) apt to make room for illegal activity

Relationship between privacy


and the freedom of expression
right to share ones thoughts and
experiences with a community of fellow
Internet users
BUT
contributors should avoid infringing on
other peoples individual rights, including
their right to privacy and the protection of
personal data

Internet privacy
ability to control what information one
reveals about oneself over the Internet,
and to control who can access that
information

Risks to Internet privacy


User-tracking:

Internet Service Providers (capable to observe any Internet-related


activity of the user)
Cookies (parcels of text sent by a server) tracking and maintaining
specific information of the user
Data logging (may include recording times when the computer is in
use, or which web sites are visited)
Spyware programs
Web bug
Social engineering
Phishing
Malicious proxy server
Search engines

Risks to Internet privacy (ctd.)


Illegal and harmful content:

A. Need to fight against the illegal content of the Internet with legal tools
(top-down control):
Council of Europe`s 2001 Convention on Cybercrime (child-pornography)
Additional Protocol, 2006 (racist and xenophobic materials), but only 11
countries ratified it)
OECD Recommendation on Cross-border Co-operation in the Enforcement
of Laws Protecting Privacy
European Commission: Safer Internet and Safer Internet Plus programs
B. Need to fight against the harmful content of the Internet (bottom-up
control):
from self-regulation to co-regulation

Risks to Internet privacy (ctd.)


On-line social networks:

Concept dates back to the 1960s, but


participation increased in recent years
(Hungary: 1.5 million registered iWiW users)
Participants are offering self-profile in order
to contact or being contacted.
Risks range from identity theft to online and
phisical stalking, embarrasment,
discrimination and blackmailing.

Principle of personal data


frugality and data avoidance
Anonymising and pseudonym use e.g.
nicknames
Moderation principles
Problems:
which identifier used on the Internet qualify as
personal data?
uncontrollable manners of personal data
disclosure
lack of international cooperation

Concrete cases (Hungary)


misuse of personal data on community sites

An article posted at the web site of a


Hungarian daily featured a series of
conversations otherwise accessible
from a members-only forum (reserved
for qualified physicians).

The punishing tool of publicity


Web Hall of Shame featuring the uploaded
data of persons who were found by the editors
to have violated the written or unwritten rules of
various areas of daily life, e.g. by breaking or
ignoring the traffic regulations.
A planned web-site to set up by creators and
beneficiaries of copy-right featuring writings
without acknowledging the original authorship.

iWiW-cases
grievances of insulting, obscene statements, innuendos,and
photos being published
Since this kind of activity qualifies as unlawful data processing,
iWiW Kft., based on its data protection regulations, reserves the
right to delete without any further notice any user who misuses
any other persons name, image, email address or other personal
information, and to delete or to restrict users who harass other
individuals, whether on message boards, in the form of private
messages, by means of lists or any other manner.
iWiW Kft. will without any notice remove documents which it
finds to be unlawful, in conflict with someone elses personality
rights, indecent,threatening, libellous, defamatory, obscene or
otherwise objectionable in its exclusive decision-making
competence.
Data subjects are also due the possibility of seeking remedy at a
court of law, moreover to press criminal charges in case of
significant injury.

Disturbances in Budapest, 2006


The case of www.kuruc.info (a website
with political far-right affiliation)
disclosing names, addresses, home
phone and mobile phone numbers of
judges and prosecutors participating in
criminal proceedings against the rioters.

Spams
only with the previously gained consent of
the recipient
businesslike offering of the possibility of
data transfer also qualifies as commercial
advertising activity, as well as electronic
advertising

Conclusions:
EU digital future strategies
250 million European Internet users (40 million growth in 2007) BUT
users lack of trust

already threatening economic development EU Commission


initiatives e.g. Launch Safer Internet 2009-13, guides on digital
education etc.

Children being a special target


group
Children spend annual 300 billion $ of their pocket
money on a global market!
More vulnerability:
- underestimation of risks,
- ignorance of privacy information

need of additional protection!

USA, 1998: Childrens Online


Privacy Protection Act (COPPA)
/children:under the age of 13/

The operator is strictly required:


- to provide notice on the website of what information is collected from children by the
operator, how the operator uses such information, and the operator's disclosure
practices for such information;
- to obtain verifiable parental consent for the collection, use, or disclosure of personal
information from children;
- upon request of a parent a description of the specific types of personal information
collected from the child ; the opportunity at any time to refuse to permit the operator's
further use of personal information from that child;
- to prohibit conditioning a child's participation in a game, the offering of a prize, or
another activity on the child disclosing more personal information than is reasonably
necessary to participate in such activity;
- to establish and maintain reasonable procedures to protect the confidentiality, security,
and integrity of personal information collected from children.
- to meet Safe Harbour requirements approved by the Federal Trade of Commission.

Attorney general of a State may bring civil action on behalf of the residents in a
district court

Awareness raising-programs for


children
- by DPAs e.g. DADUS program /Portugal/

- by content-service providers
e.g.Friendly Internet Campaign /Hungary/

- by NGOs e.g.Media Awareness Network


/Canada/

The Web shall not be a realm of legal


immunity!

Thank you for your attention!


Office of the
Parliamentary
Commissioner for
Data Protection and
Freedom of
Information
www.obh.hu
H-1051 Budapest
Ndor u. 22
privacy@obh.hu
tel: 4757186
fax: 2693541

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