Law it and personal data protection legislative framework lags behind the it development
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Law, IT and personal data protection - legislative framework lags behind the IT development. Nataša Pirc Musar Information Commissioner, Republic of Slovenia. Hong Kong, 4th of January, 2010. Modern Digital Technologies. Legislative Framework (always lags ages behind the IT)

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Law it and personal data protection legislative framework lags behind the it development

Law, IT and personal data protection - legislative framework lags behind the IT development

Nataša Pirc Musar

Information Commissioner, Republic of Slovenia

Hong Kong, 4th of January, 2010


Law it and personal data protection legislative framework lags behind the it development

Modern Digital Technologies

  • Legislative Framework (always lags ages behind the IT)

  • Law of the Net (Global Agreement)

  • “We might not be able to stop you from doing bad things, but if we catch you, there will be consequences”

  • If we…, regarding data protection, strong inspection tools are needed

  • A lot of media support, quality prevention, awareness campaigns


Proportionality principle

Proportionality Principle

  • Data prevention v. data retention

    • everybody is a potentional criminal

  • Going back to internet…

  • German Constitutional Court

  • has set strict limits to the law enforcement authorities (especially to the secret services) with regard to secret supervision of the computers. They are only allowed to supervise the computers in possession of individuals with special programmes (types of Trojan horses) in extreme cases when concrete threat to life or state exists. Collection of data in advance ‘to have in stock’ and from randomly chosen individuals should thus not happen.


Privacy on the internet

Privacy on the Internet?!

Contradiction per se

Legal office in USA – checked 5000 divorce files

Facebook was a reason for a divorce in 989 cases!!!

Quotes from a wall of a Facebook profile were used to prove infidelity

Not to talk about Google/Dashboard


Law it and personal data protection legislative framework lags behind the it development

“If you have something that you don't want anyone to know, maybe you shouldn't be doing it in the first place!“

Eric Schmidt,Google CEO


Law it and personal data protection legislative framework lags behind the it development

Electronic Road Toll System

  • Is there any personal data:

  • Position

  • Journey time


Law it and personal data protection legislative framework lags behind the it development

Electronic Road Toll System

  • On-boardUnit:

  • determining the position of the vehicle,

  • determining the segment of the road and the corresponding tariff,

  • calculating the sum spent for that segment,

  • sum total.

    • Thecontrol center does not havethepositionofthe car


Law it and personal data protection legislative framework lags behind the it development

Employer v. Employee

How to strike the right balance?

  • Internet

  • E mail

  • Telephones

  • GPS

  • RFID

  • CCTV

  • Microsoft Software (heart beat)


Law it and personal data protection legislative framework lags behind the it development

Telephone Traffic Data

  • Facts:

  • Diplomatic mail was secretly given to the media

  • Ministry wants to catch a bad guy

  • Let’s check all the telephone calls - data base with 110.000 calls (in house telephone system)

    • - No need to contact the operator

  • Who out of 700 employees was calling the media


Science fiction

Science fiction?


Science fiction1

Science fiction?


Law it and personal data protection legislative framework lags behind the it development

  • Easily accesible biometrics – face recognition for up to 500 people = 318,29 €

  • Slovenian biometric regime


Do we wish the old times to come back

Do we wish the old times to come back?

Mission impossible


I have nothing to hide argument

“I have nothing to hide” argument

"Our lives begin to end the day we become silent about things that matter."

Martin Luther King Jr.


Thank you for your attention

Thank you for your attention


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