Saturday, December 11, 2010

INTERNET PRIVACY: WHAT IS THIS UNKNOWN?

Many would think that the concept of privacy on the Internet is considered to be exceeded. Recent studies* show that consumers-including young-pay close attention to their privacy on the net: 82% of young people is particularly worried that their data be used without their know, 75% that their identity be rebuilt using information taken from different sources and 69% that their behaviors are distorted.  Innovative technologies offer the possibility of private sector operators to profile consumers by collecting and using personal data: this leads to an invasion of their privacy, often without even knowing or have given their approval.

Data in my opinion are the gasoline of Internet and the new currency of the digital world.
A lot Directive over the world constitute the protection of personal data and the right to privacy such as fundamental rights, then it strengthens the protection. Furthermore, not be underestimated the role that the traditional legislation (the unfair commercial practices directive and the unfair contract terms) can serve to protect the privacy of consumers. It is known, for example, that many privacy policy do not respect basic requirements on transparency: most consumers (and I am part of this list) does not read often privacy list conditions in contracts because of their length, complexity of writing and consequent difficulty reading. This involves the unconsciousness of their rights by consumers at the time of signature of the contracts.
The fact that consumers do not exercise their rights does not mean that they did not care about their privacy. While it is important to consider the fact that there are many methods of monitoring the process of collection of personal data, on the other hand there are many cases of violations in this area which are not sanctioned.
All the recommendations that U.S. Federal Trade Commission made in his last preliminary report** are extremely useful to protect consumer privacy respecting today’s online environment.  
But in my opinion the best way to increase consumer protection shall therefore ensure that they can exercise their rights with ease and at all levels. Information campaigns concerning the protection of your personal should be organized by consumer associations and national authorities. However, if it is true that information and education increase management aware of their privacy is also true that they should not dump all the responsibility on the shoulders of the consumer:
  • It should improve communication mode online privacy by companies
  • It should introduce privacy so standard in design of computer programs, so as to facilitate the process of notification and verification by the supervisory authorities
  • All stakeholders should have a shared responsibility in ensuring that the data in circulation have been collected and used in security and have rules for their management, not only in the field of electronic communication.
  • Consumers should be compensated for any damage they have suffered by reason of any failure on the use of personal data or unauthorized use.
  • Finally, it is desirable to introduce new rights specific to the digital world for improved consumer protection: the right to oblivion and to data portability.
 Have you ever heard news about the “Combating Online Infringement and Counterfeits Act” (COICA)***,  a bill recently introduced in Senate that would require domain registrars, Internet Service Providers and others to block access to the web sites that the US contends contribute to copyright infringement? Or about another important bill call “Protecting Syberspace as a National Assect  Act” ****, proposed by Sen. Joseph Liberman?
Or, referring to the rest of the world, about the filter’s system generated by British Telecommunications named “Clanfeed” ***** that help the Internet Watch Foundation (IWF) to compile, maintain and develop a blacklist of internet pages and address banned? Or about Australia currently regulatory regime****** in which the Australian Communications and Media Authority has the power to enforce content restrictions on Internet content hosted within Australia, and maintain a black-list of overseas websites which is then provided for use in filtering software?
Anyone who thinks that the era of privacy is now outdated, you've probably heard talk about privacy online still for a long long time.
Lorenzo
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