Les enjeux juridiques concernant les nouveaux modèles d’affaires basés sur la commercialisation des données

Cet essai est présenté en tant que mémoire de maîtrise dans le cadre du programme de droit des technologies de l’information. Ce mémoire traite de différents modèles d’affaires qui ont pour caractéristique commune de commercialiser les données dans le contexte des technologies de l’information. Les pratiques commerciales observées sont peu connues et l’un des objectifs est d’informer le lecteur quant au fonctionnement de ces pratiques. Dans le but de bien situer les enjeux, cet essai discutera d’abord des concepts théoriques de vie privée et de protection des renseignements personnels. Une fois ce survol tracé, les pratiques de « data brokerage », de « cloud computing » et des solutions « analytics » seront décortiquées. Au cours de cette description, les enjeux juridiques soulevés par chaque aspect de la pratique en question seront étudiés. Enfin, le dernier chapitre de cet essai sera réservé à deux enjeux, soit le rôle du consentement et la sécurité des données, qui ne relèvent pas d’une pratique commerciale spécifique, mais qui sont avant tout des conséquences directes de l’évolution des technologies de l’information.

Privacy matters: issues within mechatronics

As mechatronic devices and components become increasingly integrated with and within wider systems concepts such as Cyber-Physical Systems and the Internet of Things, designer engineers are faced with new sets of challenges in areas such as privacy. The paper looks at the current, and potential future, of privacy legislation, regulations and standards and considers how these are likely to impact on the way in which mechatronics is perceived and viewed. The emphasis is not therefore on technical issues, though these are brought into consideration where relevant, but on the soft, or human centred, issues associated with achieving user privacy.

Simplificação de processos com cartão de cidadão

Na sociedade moderna, o uso de novas tecnologias e das correspondentes aplicações informáticas, levanta diversas questões, sendo, sem dúvida a mais importante, a segurança dos utilizadores e dos sistemas. A implementação de novos processos fazendo uso dos meios informáticos disponíveis permite o aumento da produtividade e a sua simplificação sem perder a fiabilidade, através da desmaterialização, desburocratização, acessibilidade, rapidez de execução, comodidade e segurança. A introdução do cartão de cidadão com todas a sua potencialidade contribui para a implementação dos processos acima referidos, os quais acompanharam a evolução do quadro legislativo nacional e europeu. Contudo verificam-se algumas lacunas, devido à sua imaturidade, sendo o seu desenvolvimento um processo ainda em curso. Com o presente trabalho pretende-se criar uma solução aberta a várias aplicações, que permite a optimização de processos através da sua simplificação, com recurso à assinatura digital, autenticação e uso de dados pessoais, tendo em atenção a legislação vigente, o actual cartão de cidadão e os requisitos de segurança. ABSTRACT: ln modern society, the increasing application of information technologies have arisen several questions, being the private and sensitive data security the most important. Today new informatics processes have come to increase productivity using faster and simplified mechanisms, keeping reliability and security. The introduction in Portugal, of the new citizen card is a great example of the above mentioned, in accordance with the National and European legislation. Nevertheless, being recently adopted, it stills vulnerable and therefore is in constant update and revision. The purpose of this thesis is the creation of an open solution to other new applications, aiming a simplification and optimization of citizen card. Seeking the maximum security, it is utilized digital signature, authentication and personal details, always according to the legislation in effect.

Privacy and security enhanced offline oblivious transfer for massive data distribution

Unauthorized accesses to digital contents are serious threats to international security and informatics. We propose an offline oblivious data distribution framework that preserves the sender's security and the receiver's privacy using tamper-proof smart cards. This framework provides persistent content protections from digital piracy and promises private content consumption.

Report on a Review of the Iowa Homeland Security and Emergency Management Department, E911 Cost Data for the period July 1, 2012 through June 30, 2014

Report on a Review of the Iowa Homeland Security and Emergency Management Department, E911 Cost Data for the period July 1, 2012 through June 30, 2014

COMP1205 Data protection and security

Published on Jun 7, 2012 by icocomms This ICO training video helps answer questions about the Data Protection Act, its impact on the working environment and how to handle and protect people's information. (Produced by Central Office of Information, Crown Copyright 2006)

Mass Surveillance of Personal Data by EU Member States and its Compatibility with EU Law. CEPS Liberty and Security in Europe No. 61, 6 November 2013

In the wake of the disclosures surrounding PRISM and other US surveillance programmes, this paper assesses the large-scale surveillance practices by a selection of EU member states: the UK, Sweden, France, Germany and the Netherlands. Given the large-scale nature of these practices, which represent a reconfiguration of traditional intelligence gathering, the paper contends that an analysis of European surveillance programmes cannot be reduced to a question of the balance between data protection versus national security, but has to be framed in terms of collective freedoms and democracy. It finds that four of the five EU member states selected for in-depth examination are engaging in some form of large-scale interception and surveillance of communication data, and identifies parallels and discrepancies between these programmes and the NSA-run operations. The paper argues that these programmes do not stand outside the realm of EU intervention but can be analysed from an EU law perspective via i) an understanding of national security in a democratic rule of law framework where fundamental human rights and judicial oversight constitute key norms; ii) the risks posed to the internal security of the Union as a whole as well as the privacy of EU citizens as data owners and iii) the potential spillover into the activities and responsibilities of EU agencies. The paper then presents a set of policy recommendations to the European Parliament.

The Political and Judicial Life of Metadata: Digital Rights Ireland and the Trail of the Data Retention Directive. CEPS Paper in Liberty and Security No. 65, May 2014

This paper examines the challenges facing the EU regarding data retention, particularly in the aftermath of the judgment Digital Rights Ireland by the Court of Justice of the European Union (CJEU) of April 2014, which found the Data Retention Directive 2002/58 to be invalid. It first offers a brief historical account of the Data Retention Directive and then moves to a detailed assessment of what the judgment means for determining the lawfulness of data retention from the perspective of the EU Charter of Fundamental Rights: what is wrong with the Data Retention Directive and how would it need to be changed to comply with the right to respect for privacy? The paper also looks at the responses to the judgment from the European institutions and elsewhere, and presents a set of policy suggestions to the European institutions on the way forward. It is argued here that one of the main issues underlying the Digital Rights Ireland judgment has been the role of fundamental rights in the EU legal order, and in particular the extent to which the retention of metadata for law enforcement purposes is consistent with EU citizens’ right to respect for privacy and to data protection. The paper offers three main recommendations to EU policy-makers: first, to give priority to a full and independent evaluation of the value of the data retention directive; second, to assess the judgment’s implications for other large EU information systems and proposals that provide for the mass collection of metadata from innocent persons, in the EU; and third, to adopt without delay the proposal for Directive COM(2012)10 dealing with data protection in the fields of police and judicial cooperation in criminal matters.

‘Wrong number?’ The Use and Misuse of Asylum Data in the European Union. CEPS Paper in Liberty and Security in Europe No. 69/December 2014

The Common European Asylum System (CEAS) is an EU policy area that is particularly evocative of the ‘politics of numbers’. The European Union has at its disposal a wide array of sources providing detailed information about the capacities and pressures of its member states’ asylum systems. This paper discusses the content of asylum data and the evolving interaction between its different sources, ranging from the United Nations High Commissioner for Refugees to the European Commission’s EUROSTAT and DG HOME, the European Asylum Support Office, FRONTEX, the European Migration Network (EMN) and national databases. However, the way in which such data are often misused, or even omitted, in political debate affects the soundness of policy decisions in the CEAS. Drawing on debates over the contested phenomenon of ‘asylum shopping’ and the exemption of victims of torture and unaccompanied minors from accelerated and border procedures in the recast asylum procedures Directive, this briefing paper argues that solid data-based evidence is often absent from political negotiations on CEAS measures affecting refugees and asylum-seekers.

Safe Harbour or into the storm? EU-US data transfers after the Schrems judgment. Liberty and security in Europe No. 85/November 2015

In its recent Schrems judgment the Luxembourg Court annulled Commission Decision 2000/520 according to which US data protection rules are sufficient to satisfy EU privacy rules regarding EU-US transfers of personal data, otherwise known as the ‘Safe Harbour’ framework. What does this judgment mean and what are its main implications for EU-US data transfers? In this paper the authors find that this landmark judgment sends a strong message to EU and US policy-makers about the need to ensure clear rules governing data transfers, so that people whose personal data is transferred to third countries have sufficient legal guarantees. Without such rules there is legal uncertainty and mistrust. Any future arrangement for the transatlantic transfer of data will therefore need to be firmly anchored in a framework of protection commensurate to the EU Charter of Fundamental Rights and the EU data protection architecture.

Migration and Asylum Data for Policy-making in the European Union – The problem with numbers. CEPS Liberty and Security in Europe No. 89/March 2016

Among many other problems, the migration, humanitarian and policy crises in the European Union in 2015 and early 2016 have highlighted a pressing need for reliable, timely and comparable statistical data on migration, asylum and arrivals at national borders. In this fast-moving policy field, data production and the timeliness of dissemination have seen some improvements but the sources of data remain largely unchanged at national level. In this paper the author examines the reasons for some of the problems with the data for policy and for public discussion, and makes a set of recommendations that call for a complete and updated inventory of data sources and for an evaluation of the quality of data used for policy-making.