Privacy and Visibility in
the Sensor Society
PICNIC 2008, Visible Amsterdam
mr. dr. Bart W. Schermer
18 September 2008
sch...
About Considerati & eLaw Leiden
Public Affairs, Corporate Communication, Consultancy
Specialised in legal and public polic...
Agenda
The Information Society
What is privacy?
Privacy and visibility in the Sensor Society
Conclusions
The Information Society
Yesterday machines could Do
Today machines can Think
Tomorrow machines can Sense
The day after tom...
The internet of things
The Visible City
7
What is privacy?
What is privacy?
The right to be let alone
(Warren and Brandeis 1890)
The right to protection of the personal sphere
(Blok...
What is privacy?
Goals:
- shielding the private life
- avoiding nuisance
- protection of identities
- maintaining personal...
Risks...
Balance of power
Social cohesion
Nuisance
Economic equality
Legal framework
Grondwet (articles 10 to 13 Gw)
Law enforcement
- Police Act
- Criminal procedure
- Data Retention Act
- P...
Solutions
What is at stake? -> Determine privacy context
Public sector
- Privacy by design
- Transparency (by design)
- Ch...
Conclusions
Anonimity and invisibility are impossible in the sensor society
Privacy as a monolithic concept is heavily out...
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Privacy and visibility in the sensor society

  1. 1. Privacy and Visibility in the Sensor Society PICNIC 2008, Visible Amsterdam mr. dr. Bart W. Schermer 18 September 2008 schermer@considerati.com
  2. 2. About Considerati & eLaw Leiden Public Affairs, Corporate Communication, Consultancy Specialised in legal and public policy aspects of ICT and new media www.considerati.com eLaw@Leiden, centre for law in the information Society Leiden University, faculty of law http://www.law.leiden.edu/organisation/metajuridica/elaw/
  3. 3. Agenda The Information Society What is privacy? Privacy and visibility in the Sensor Society Conclusions
  4. 4. The Information Society Yesterday machines could Do Today machines can Think Tomorrow machines can Sense The day after tomorrow machines can Learn and Anticipate Source: prof. Emile Aarts, Philips
  5. 5. The internet of things
  6. 6. The Visible City
  7. 7. 7 What is privacy?
  8. 8. What is privacy? The right to be let alone (Warren and Brandeis 1890) The right to protection of the personal sphere (Blok 2002) The right to be yourself The right to determine what happens with your personal data (Westin 1967) Et cetera, et cetera
  9. 9. What is privacy? Goals: - shielding the private life - avoiding nuisance - protection of identities - maintaining personal autonomy - maintaining economic equality Dimensions: - home - body - correspondence - information
  10. 10. Risks... Balance of power Social cohesion Nuisance Economic equality
  11. 11. Legal framework Grondwet (articles 10 to 13 Gw) Law enforcement - Police Act - Criminal procedure - Data Retention Act - Police Files Act Private Sector - Data Protection Act (WBP) - Telecommunications Act Conceived prior to the Sensor Age!! - Outdated definitions such as ‘personal data’ and ‘processor’ - Outdated enforcement mechanisms
  12. 12. Solutions What is at stake? -> Determine privacy context Public sector - Privacy by design - Transparency (by design) - Checks and balances - Holistic approach (visible city) - Manage perceptions Private Sector - Privacy by design - Transparency (by design) - Consumer in control - Provide benefits - Manage perceptions
  13. 13. Conclusions Anonimity and invisibility are impossible in the sensor society Privacy as a monolithic concept is heavily outdated Legal framework has difficulty with the reality of a visible city ...however, we still have ‘the right to be let alone’ The answer to the machine is (for the most part) in the machine Perception is as important as the law

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