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Naam Tilburg Institute for Law, Technology, and Society email. Ambient Intelligence: Challenges for Regulatory Perspectives. Prof. Corien Prins Center for Law, Technology, and Society (TILT) www.uvt.nl/tilt Tilburg University Enschede, 27 November 2007. What Challenges do we face?.

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Naam tilburg institute for law technology and society email

Naam

Tilburg Institute for Law, Technology, and Society

email


Ambient intelligence challenges for regulatory perspectives
Ambient Intelligence: Challenges for Regulatory Perspectives

Prof. Corien Prins

Center for Law, Technology, and Society (TILT)

www.uvt.nl/tilt

Tilburg University

Enschede, 27 November 2007


What challenges do we face
What Challenges do we face?

  • Privacy protection: what data do I ‘transmit’, who receives these data, who uses them and for what purposes?

  • Identity and dimensions of identity: ambient intelligence results in categories, (stereo) types of people

  • Autonomy and freedom: can we still say “NO” (isn’t it all in the public interest?)

  • Ownership: who owns all this data?

  • Our world and our intelligent surroundings as one big database.


From psysical products to immaterial data
From Psysical Products to Immaterial Data

  • Ambient intelligence

    • it is all about personal data, information and knowledge

  • Personal data, information and knowledge

    • it is all about power and money

  • Power and Money

    • in the end our challenge is balancing interests

  • Balancing interests

    • What instruments can best be used?


However
However:

  • Various developments testify to the growing influence of property thinking in the human rights domain:

    • property in personality (name, appearance, voice, etc.);

    • property in human body parts

    • Property in personal data.

  • Data about individuals nowadays have become a key commercial asset (e.g. data in biobanks; Google/YouTube

  • Developments in intellectual property

  • Extend property interests to personal data of individuals (why not grant individuals same rights in their name as companies/why not recognise the property right of companies);

  • Individuals must be able to negotiate and bargain over the use of their data and they need something in return (return benefits)


However1
However:

  • Property rights perspective does not fit the human rights perspective (human right is a right of non-interference, not a right of positive entitlement);

  • More than just a commodity (dignity, social value of privacy): ambient intelligence also requires us to think about autonomy.

  • Privacy is linked to constituting and maintaining a person’s personal integrity. Thus, it is a non-commodifiable right

  • Ambient intelligence is often also about groups of people, not just individual data.


Personal data or is it all about identities
Personal Data? Or is it all about Identities?

  • Individual data versus combined data (linking databases);

  • Data are not just data (not one uniform category)

  • Ambient intelligence; RFID, personalized services require use to focus not so much on the individual data, but on the effects of the use of present-day technologies and the use of combined data;

  • Thus: focus on identities (types of persons; types of citizens/types of consumers/types of healthy/unhealthy people, type of ethnic origin, etc.).


Shifting in our attention
Shifting in Our Attention

  • Shift our attention from individual sets of personal data toward the statistical models, profiles and the algorithms with which individuals are assigned to a certain group or ‘identity’;

  • Data protection mechanisms must be structured along lines of control and visibility.

  • Data protection mechanisms must be structured along lines of transparency and trust

  • … and maybe other benefits??


Ambient intelligence what we need
Ambient Intelligence: What We Need

  • We need to know and understand how social and economic identities are constructed, influenced and used;

  • We need instruments to know and to control how our ‘lives’ are ‘created’ and influenced;

  • We need other ‘personal data’ protection standards

  • Our identity is more that an administrative identity (ipse identity – idem identity)

  • We do need instruments to protect our autonomy and individual identity.