AHTI SAARENPÄÄAHTI SAARENPÄÄUNIVERSITY OF UNIVERSITY OF LAPLANDLAPLAND

AHTI SAARENPÄÄAHTI SAARENPÄÄUNIVERSITY OF UNIVERSITY OF LAPLANDLAPLAND

"Das Fremdwort imponiert, es imponiert um so mehr, je

weniger es verstandenwird”

Viktor Klemperer

Artificial society

WE ARE LIVING IN A NEW ARTICIFIAL SOCIETY,

WHERE MORE AND MORE THINGS ARE REGULATAED,

NOT ANY MORE NATURAL

RISTO HEISKALA

PRIVACY?

• CONCEPT FROM USA

• COMMON LEGAL CONCEPT

• LEGAL TRANSPLANT

• LEGAL PRINCIPLE

• LEGAL INSTITUTION

• SLOGAN

LEFIS SERIE : PRIVACYLEFIS SERIE : PRIVACY

EDITOR Ahti SaarenpääEDITOR Ahti Saarenpää

LINGUISTIC EDITOR Richard FoleyLINGUISTIC EDITOR Richard Foley

TOWARDS TOWARDS CONSTITUTIONAL CONSTITUTIONAL

PRIVACIES?PRIVACIES?

• Saarenpää, Ahti Foreword X-XVI• Saarenpää, Ahti Approaching Privacy 1-44• Kleve, Pieter – • De Mulder, Richard Privacy Concerns in the Information Society: • when will we have a Data Promotion Act? 46-60• Leith, Philip Privary as Slogan 62-73• Galindo, Fernando Surveillance, privacy & participation 75-89• Stefanova, Tatiana Privacy in the Web 91-108• Råman, Jari Privacy, security and lawful interception: • in quest for a new balance 110-125• Civilka, Mindaugas - • Barasneviciute, Rita Data Protection and Privacy : • Changing Interplay with Human Rights 127-150•• Maioli Cesare -• Rabbito Chiara Privacy and Identity Management in • a European E-Health System: • an Experience in the Making 152-162• Saarenpää, Ahti The Right to be let alone in the Workplace 164-173• Aarnio, Reijo Towards privacy impact assesment –tools 175-200• Petrauskas, Rimantas –• Spalveters Kristina Limitation of the right to anonymity as • a part of the Right to Privacy • in Cyberspace for the suppression of Terrorism • in the republic of Lithuania 202--214

• XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX• Petrauskas, Rimantas• Stitilis Darius Privacy Issues of Eletronic Communications 216- ?

TOWARDS CONSTITUTIONAL PRIVACIES

• FOREWORD

• part one: introduction

• part two: general discussion

• part three: privacy in web

• part four : privacy and data protection

• part five : crisis management

Introduction• Ahti Saarenpää: • Approaching Privacy 44 pages

• From an old human need to the new separated legislation

• From our old conceptual dicussion to the modern law of personality

• From old systematics to Information law• Links to all other papers• ” People are regrettably eager to pry. In order to

improve the protection of privacy substantially in the network society, we would have to change people as well. But I do not think even the Data Protection Ombudsman could manage this.”

General Discussion• Pieter Cleve - Richard De Mulder: • Privacy Concerns in the Information Society:

when will we have a Data Promotion Act?” 14 pages

• The following two theses are explored in this article. Firstly, if there is a relationship between information technology and personal privacy, and if information technology is found to be useful by individuals, then the more traditional notions regarding the protection of privacy will diminish in importance in favour of the use of information technology. Secondly, as it is now possible, because of information technology, to gather, store and formulate personal information into intelligent information, would a democratic state subject to the rule of law be better served by a ‘right to know’ rather than a ‘right to privacy’.

General Discussion• Philip Leith: • Privacy as Slogan 11 pages

• The situation, where the law cannot deliver what it promises in terms of protection for an individual’s information – leads to ‘privacy’, like ‘choice’, becoming more clearly a slogan than a reasoned concept .

• There are two major problems, apart from the fact that we are not really dealing with ‘privacy’ as such (the implementations are artificial since privacy is so hard to define). These are: 

• 1. The general population is being given rights which are relatively ineffective and which are more slogan than actual.

• 2.  Celebrities are being given commercial rights which essentially allow them to control the presentation of information about themselves.

Section 8 - Invasion of personal reputation (531/2000)

(1) A person who unlawfully(1) through the use of the mass media,

or(2) in another manner publicly

spreads information, an insinuation or an image of the private life of another

person, so that the act is conducive to causing that person damage or suffering,

or subjecting that person to contempt, shall be sentenced for an invasion of

personal reputation to a fine or to imprisonment for at most two years.

.

(2) The spreading of information, an insinuation or an image of the private life

of a

person in politics, business, public office or public position, or in a comparable

position, does not constitute an invasion of personal reputation, if it may affect

the evaluation of that person’s activities in the position in question and if it is

necessary for purposes of dealing with a matter with importance to society.

General Discussion• Fernando Galindo • Surveillance, privacy & participation 14 pages

• The aim of this paper has been to demonstrate that, by linking together two different types of research, empirical studies on the citizens’ opinions help compare information and reflections obtained by other means both in the field of surveillance and privacy and in the field of ICT or knowledge-based society. Furthermore, the proposals of the Kingston survey, as an auxiliary method to the legal type research presented herein, have proved to be essential to make the demands for citizens’ participation in the creation of laws, codes of conduct or industrial standards, which are implicitly or explicitly included in the constitutions of the democratic systems, a reality. Which is no mean task.

•  

Privacy in the web• Tatiana Stefanova• Privacy in the Web 17 pages

• ” Web sites should make available a privacy policy that is easy to find. Ideally the policy should be accessible from the home page by looking for the word “Privacy”. Privacy polices should state clearly how and when personal information is collected. Web sites should make it possible for individuals to get access to their own data. Cookies transactions should be more transparent. Web sites should continue to support anonymous access for Internet users.”

Privacy in the web• Jari Råman• Privacy, security and lawful interception: in quest for a

new balance 15 pages

• Even though the regulation of lawful interception per se is essentially based on basic rights issues, the role of basic rights and liberties has not been of much concern when regulating the requirements for the design and development of interception systems or the process by which they are decided. The regulation of the technology underlying has not been under similar constitutional constraints as the use of lawful interception. 

• This could risk our right to privacy together with information security as an individual right and a collective good.

Privacy and Data Protection• Mindaugas Civilka - Rita Barasneviciute• Data Protection and Privacy : Changing Interplay

with Human Rights 23 pages• Of course, privacy is not about economics; privacy is, inter alia, about

human rights; but personal data protection regime is also about economics among other things. Thus, one may easily grasp the idea of privacy as a „commodity that you trade for the benefits of living in a connected world“.You can easily waste and loose understand about human right to privacy by such kind of expressions like “<…> if you don't want people to find you, stay the heck offline”. Of course, we may not place efficacy ahead of justice, economy ahead of human rights. Data protection was always about the carefully sought balance

• Third Pillar of EU once again reminds us of the price for safer life in society. Unfortunately, in the hands of evil new technologies may become more dangerous to the society as before. That’s why the price we are paying is, inter alia, our privacy.

Privacy and data protection• Cesare Maioli - Chiara Rabbito

• Privacy and Identity Management in a European E-Health System: an Experience in the Making 11 pages

• Three questions in the regard of issue of the privacy of medical data:• ● the question of the right to privacy. Here it was necessary to publish

a legal notice setting out the responsibilities and obligations of those in charge of processing the data and obtaining the user’s consent to go ahead with such processing. Because the project was designed for delivery of both medical and social services, we accordingly had to process two types of personal data - medical and nonmedical - and set up two standards, a double set of regulations according as the data to be processed is classified as medical (under the Italian Code on Privacy) or otherwise;

• ● the question of data-processing techniques. Here it was necessary to set out requirement for cryptography and digital signatures, along with the signer's responsibilities;

• ● the question of authenticating the system operators. Here we needed access codes and digital signatures for all documents needing to be underwritten for administrative purposes.

•

Act on the Protection of Privacy in Working Life

(759/2004)

Chapter 1 - General provisions Section 1 – Purpose of the act

The purpose of this Act is to promote the protection of privacy and other basic rights

safeguarding the protection of privacy in working life

Privacy and data protection

• Ahti Saarenpää• The Right to be left alone in the Workplace 9 pages

• ” In a modern European constitutional state, our right to self-determination is stronger than ever before. The strengthening of our privacy is linked to this. Correspondingly, in one way or other, those who invade our privacy by observing us or processing our personal data, have to choose the means they use by observing the least necessary principles of invasion. This is also a principal rule in the organisation of privacy in working life. Employment takes place under the leadership and monitoring of the employer, but while respecting the privacy of the employee.”

Is there too much Saarenpää?

Privacy and data protection

• Rimantas Petrauskas – Darius Stitilis • Privacy issues of electronic

communications

• The main purpose of the article is to analyze legal problems related to the restriction of private life in electronic communications for law enforcement purposes. The present work deals with certain problems relating to legal regulation in the field of the control of electronic communications both according to the Law on Operative Activities and the Criminal Procedure Law.

Privacy and data protection

• Reijo Aarnio

• What is going on and the need of privacy impact assessment tools 25 pages

• ” We cannot make decisions with direct reference to the laws; rather, laws must often be genuinely interpreted. This is a paradox of sorts in light of the societal role of data protection legislation. Data protection is a right that applies to us all on a day-to-day basis. Hence, the legislation should be as informative as possible and readily intelligible; but this it cannot be given its necessarily abstract nature. We do need privacy impact assessment tools.”

Crisis management

• Rimantas Petrauskas – Kristina Spalveters• Limitation of the right to anonymity as a part of the

Right to Privacy in Cyberspace for the suppression of Terrorism in the republic of Lithuania

“The EU directive on the retention of communications can make a great impact on the period of retention of the traffic data administered by providers of electronic communications services. The provisions of the Directive are possibly inconsistent with those of the Constitution of the Republic of Lithuanian as far as it concerns the requirement to store information about the traffic data longer than it is needed to ensure economical activities. Competent institutions should take all necessary measures to evaluate this possible inconsistence upon implementing the Directive. ”