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Identity A legal perspective

Identity A legal perspective. FIDIS WP2 workshop 2/3 december 2003 mieke.loncke@law.kuleuven.ac.be. “An aggregation of unique characteristics” Use of an identity Real identity? Digital identity “The digital information that creates the image of an individually identifiable person”.

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Identity A legal perspective

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  1. IdentityA legal perspective FIDIS WP2 workshop 2/3 december 2003 mieke.loncke@law.kuleuven.ac.be

  2. “An aggregation of unique characteristics” • Use of an identity • Real identity? • Digital identity “The digital information that creates the image of an individually identifiable person”

  3. Identifiable person • “Who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, economic, physiological, mental, cultural or social identity.” • “To determine whether a person is identifiable, account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the said person.”

  4. Multiple virtual identities • Legal questions • Identity management systems • Infomediaries or information brokers • Privacy tool kit • Profiling tool kit

  5. Online anonymity • Legal definition vs. technological concepts • No legal answer to the taxonomy of technical properties and degrees of online anonymity (unlinkability, untraceability, unobservability, conditional/unconditional online anonymity)

  6. Use of anonymity • Protection of privacy • Free speech without fear of retaliation • Protection of possibly threatened interests of the user when completing certain legal acts • Protection of interests of a party in a contracual environment

  7. EU Data Protection Working Party: “The ability to remain anonymous – and consequently to have anonymous access to the internet – is essential if individuals are to preserve the same protection for their privacy online as they currently enjoy offline.”

  8. Coucil of Europe: “In order to ensure protection against online surveillance and to enhance the free expression of information and ideas, MS should respect the will of users of the Internet not to disclose their identity.”

  9. Examples of legitimated use of anonymity • Anon. search of information • Anon. e-mail correspondence • Use of anon. self-help hotlines • Use of anon. sources • Whistle blowing through anon. hotlines • Use of anon. informants, witnesses • Use of anon. to conclude contracts • Use of anon. payments for online purchases • …

  10. Restrictions • Private law • Accountability in contractual and non-contractual environment • Public law • Article 8 ECHR: interference is justified when necessary in a democratic society and provided by law • Controlled anonymity e.g. ‘trustee-controlled conditional anonymity’

  11. ICRI-projects • RAPID Roadmap for advanced research in privacy and Identity Management • APES Anonymity and privacy in electronic services • PRIME Privacy and identity management in Europe

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