Social Networkingthe application of the Data Protection.pptVIP

Social Networking: the application of the Data Protection Framework Dr Rebecca Wong Nottingham Law School, NTU R.Wong@ntu.ac.uk Outline Background to Data Protection Directive 95/46/EC and Directive on Privacy Electronic Communications 2002/58/EC Case Study: Privacy dimensions to a social networking site Questions Background Interest in Data Protection Developments since 2001 Progress of the Data Protection Directive 95/46/EC as implemented under the UK DPA 1998 “Privacy” as concept Data Protection Directive 95/46/EC Implementation by all the EU Member States Data Protection Rules Definitional difficulties Art. 3.2 private purposes – applied differently in several EU Member States ECJ’s decision in Lindqvist - defining point! Bodil Lindqvist (C-101/01) Webpage created by an individual parish member Included details of church members including one who had injured her foot Required notification to the Swedish Data Inspection Board ECJ – fell within the provisions of the DPD and Art. 8.1 interpreted broadly such that the injury to the foot constituted the processing of “sensitive data”; private purposes did not apply because webpage was accessible to anybody (not limited) - disagreement Social networking Facebook killed the private life /watch?v=azIW1xjSTCo Do you have a facebook? /watch?v=ZMWz3G_gPhU Data Protection Authorities Sweden – Misuse-orientated approach – does it cause harm to the individual? Report published looking at social networking by the Data Inspection Board UK – only a handful of complaints (5) Germany – Federal Data Protection Authority, Federal Data Protection Act; L?nder State Data Protection Act; Telemedia Act Canada – Canadian Privacy Commissioner Specific Issues with SNS Weaknesses of the Data Protection Directive 95/46/EC – broad definitions Directive on Privacy and Electronic Communications 2002/58/EC – unclear scope to which SNS can be covered “Data controller” to encompass individuals and organisations “Private purpos