Discussions around personal data protection in the European
Union have drawn attention to the right of citizens to secure their privacy, a
right that has been a constant concern over the years.
This is especially the case in the digital era, as
the emergence of new technologies has changed things in ways that previous
legislators could never have imagined. In Europe, the General Data Protection
Regulation is intended to be a robust – and up to date – response to
that.
Although personal data protection does
not currently determine all aspects of privacy, it has nevertheless become a
fundamental element in taking care of our information in the context of new
technologies. This is especially the case with our online activities, as well
as our digital identities.
Privacy has been a human right for some time
The idea of privacy, as we understand it today, has
been around for quite some time (many see Samuel Warren and Louis Brandeis’
article from 1890, The Right to
Privacy, as the first real intellectual argument for it, but,
arguably, its history goes back further).
Defining privacy is not a simple task. It includes
aspects like the right not to be harassed and the right to control one’s own
information – how and when it can be shared, for example.
Our understanding of it changes with time and the
concept can be subjective. Accordingly, achieving consensus can be difficult.
However, few can argue with the following definition – privacy involves the
right of individuals to separate aspects of their private life from public
scrutiny. So we all have a right to it, without distinction.
Needless to say, in the 21st century, the
topic of privacy has taken on a new level of vigor, with new technological
developments creating all sorts of new challenges. We are currently overwhelmed
with countless new digital tools that increasingly expose our activities, both
with our – sometimes tacit – consensus and without our knowledge.
Data protection as a basis of online privacy
Digital identity can be defined as information
associated with the activities that we carry out in cyberspace, as a result of
the interaction with other users, organizations, or online services, where it
generally involves personal data that is often given out to third parties.
Third parties often process, store, or transmit our
data, even to the point of making a profit from our information. There are
currently many online services that know a lot about our activities, likes,
preferences, and identification data, which in their own right are used for
commercial purposes. Protection of this information helps to safeguard our
private lives.
Rights in the new data protection laws
In Europe, in the context of legislation for the
protection of personal data, we have the upcoming General Data Protection
Regulation. The aim is to ensure that new privacy rights are in line with
current issues, such as the right to be forgotten online.
To expand – people now have the power to
request that companies erase their personal data in certain circumstances, for
example when it is no longer needed for the initial purposes for which it was
collected or when its owner withdraws their agreement.
The right to object to profiling is also being
considered, meaning that people may object to their personal data being
processed or used for profiling in certain circumstances.
Profiling means tracking people online and
targeting them with advertising based on their behavior. In other words sending
out ads based on users’ browsing habits and likes. This activity should become
more difficult for companies to carry out, as they will have to implement
appropriate consent mechanisms in advance.
A third element being considered by this law is the
right to data portability. Individuals have the right to obtain a copy of their
personal data from the company that processes their information in a common and
understandable format.
Although the implementation of these directives
within organizations may prove complex – and how it will work in practice has
not yet been defined – companies within and outside the EU should begin to
consider the ways in which they will be able to put these rights into effect.
This is not expected to be a simple task. Besides
having an impact on companies, it may also create changes in individuals,
giving them better control and rights over their personal information. We hope
that they are able to exercise these rights.
