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Bart van
der Sloot |
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researcher |
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Instituut
voor
Informatierecht (IViR)
Bezoekadres
Korte Spinhuissteeg 3
1012 CG Amsterdam
Postadres
Kloveniersburgwal 48
1012 CX Amsterdam
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kamer
B1.16
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tel:
+31 20 525 3932 |
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+31 20 - 525 30 33 |

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Curriculum Vitae
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Bart van der Sloot is the coordinator of
the Amsterdam Platform for Privacy Research and a Phd
candidate at the Institute for Information Law. He
specializes in privacy, but is also interested in the
liability of internet intermediaries, internet
regulation and copyright issues on the web.
Funded by a Top Talent grant from the
Dutch Organization for Scientific Research (NWO), his
PhD project will assess the benefits of a virtue-based,
instead of the current right-based approach to privacy
regulation.
The contemporary legal privacy paradigm
is criticized along two lines: First, in a legal dispute
individuals are often unable to adequately substantiate
their interests relating to privacy; second, privacy is
often outweighed by other interests, for example,
security. This study will develop an alternative,
virtue-based approach to privacy regulation, focusing on
the responsibilities of the actor (for example the
state) of a privacy infringement. This virtue-based
approach will not balance public interests such as
security with individual claims to privacy, but assess
whether an actor has lived up to his responsibility to
act in a virtuous manner. This study will look into the
potential of virtue ethics to provide an alternative
legal framework, under which the protection of privacy
is ameliorated.
Bart van der Sloot is also the coordinator of the
Amsterdam Platform for Privacy Research
(APPR),
which incorporates about 70 researches from the
University of Amsterdam, who in their daily research and
teaching focus on privacy related issues. They do so
from different perspectives, such as law, philosophy,
economics, informatics, medicine, communication studies,
political science, etc. In October 2012 APPR organized a
four-day, interdisciplinary, international
privacy conference
in Amsterdam.
Bart van der Sloot studied Law,
Management and Philosophy at the Universities of
Nijmegen, Amsterdam, Perugia and Bologna. In 2009 he
graduated in Philosophy with the masters thesis,
'Liberty, equality and legitimacy. Reflections on the
French Revolution by Hegel and Burke.' In 2010 he
graduated in Law with the masters thesis, 'The scope of
force. A paper on the state of necessity.' Furthermore,
in 2008 he completed the interdisciplinary Honours
programme of the Radboud University Nijmegen.
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Publications
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(with
N. Helberger,
L. Guibault, M.B.M. Loos, C. Mak
& L. Pessers)
Digital Consumers and the Law:
Towards a Cohesive European Framework, Kluwer
Law International: Alphen aan den Rijn 2013.
ISBN: 9789041140494.
This book provides
a critical analysis of how digitisation affects
established concepts and policies in consumer law.
Based on evidence of the actual experience and
problems encountered by consumers in digital
markets, the book offers a ground-breaking study of
the main issues arising in relation to the
application of general consumer and sector-specific
law. An interdisciplinary team of researchers from
the Centre for the Study of European Contract Law
(CSECL) and the Institute for Information Law
(IViR), both University of Amsterdam, combine their
expertise in general consumer and contract law,
telecommunications law, media law, copyright law and
privacy law in a joint effort to point the way to a
truly cohesive European Framework for Digital
Consumers and the Law.
Topics in this book include the characteristics of
digital content markets and how they relate to
traditional consumer law; consumer concerns,
reasonable expectations and how they are protected
by law; the difficult question of the classification
of digital content; legal questions triggered by
prosumers and underage consumers; the feasibility
and future of the information approach to consumer
protection; the role of fundamental rights
considerations, and the legal implications of an
economy that uses personal data as the new currency.
Digital Consumers and the Law
is an important analysis for all those interested or
involved in the regulation of digital content
markets. With its comprehensive discussion of a wide
range of fundamental as well as praxis-oriented
questions, it is an essential read for academics,
policy makers, members of the content industry as
well as consumer representatives.
See more details about
the book
here.
31.01.2013
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(with C. Dos Santos, E. Bassi, C. de Terwagne, M.
Fernádez Salmerón, P. Tepina)
LAPSI Policy Recommendation n. 4: Privacy and Personal
Data Protection,
LAPSI Working Group 2: Privacy Aspects of PSI.
22.01.2013
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Walking a Thin Line: The Regulation of EPGs,
JIPITEC,
2012-2, p. 138-147.
The digitisation
of television
broadcasting has
facilitated an
exponential
growth both in
the number and
the diversity of
programs and
channels.
Electronic
Programme Guides
(EPGs) help
consumers find
their way in
this abundance
of
offerings.EPGs
serve as a
classical
listing magazine
or broadcasting
guide with
extensive
information on
television
programs; like
VCRs, they
enable the
recording of
programs; as
search engines,
they allow users
to look for
content on the
basis of a
keyword; and
finally, EPGs
list the most
favoured
programs on the
first page,
either on the
basis of
popularity, the
personal profile
of the consumer
or on the basis
of agreements
with particular
broadcasting
agencies. This
article assesses
how various
European
countries
approach the
regulation of
EPGs and
determines
whether and how
they try to
reaffirm
guarantees for
diversity and
pluralism in the
digital
television
environment.
20.11.2012
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Due
Prominence in Electronic Programme Guides,
IRIS Plus, 2012-5. 20.11.2012
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(with
F. Zuiderveen Borgesius),
Google's Dead End, or: on Street View and the Right to
Data Protection: An analysis of Google Street View's
compatibility with EU data protection law, Computer
Law Review International, 2012-4, p. 103-109.
May a company
photograph the daily lives of people all over the
world, store those photos, and publish them on the
internet? This article assesses which obligations
Google has to fulfil in order to respect the
European data protection rules. The focus lies on
three questions. First, which data processed for the
Street View service are personal data? Second, does
Google have a legitimate ground for processing
personal data? Third, does Google comply with its
transparency obligations and does it respect the
rights of the data subjects, specifically their
right to information?
20.11.2012
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From Data Minimization to
Data Minimummization, in: B. Custers, T. Calders,
B. Schermer & T. Zarsky (eds.),
Discrimination and
Privacy in the Information Society. Data Mining and
Profiling in Large Databases, Springer: Heidelberg
2012, p. 273-287.
ISBN: 9783642304866.
Data mining and profiling
offer great opportunities,
but also involve risks
related to privacy and
discrimination. Both
problems are often addressed
by implementing data
minimization principles,
which entail restrictions on
gathering, processing and
using data. Although data
minimization can sometimes
help to minimize the scale
of damage that may take
place in relation to privacy
and discrimination, for
example when a data leak
occurs or when data are
being misused, it has
several disadvantages as
well. Firstly, the dataset
loses a rather large part of
its value when personal and
sensitive data are filtered
from it. Secondly, by
deleting these data, the
context in which the data
were gathered and had a
certain meaning is lost.
This chapter will argue that
this loss of contextuality,
which is inherent to data
mining as such but is
aggravated by the use of
data minimization
principles, gives rise to or
aggravates already existing
privacy and discrimination
problems. Thus, an opposite
approach is suggested,
namely that of data minimummization,
which requires a minimum set
of data being gathered,
stored and clustered when
used in practice. This
chapter argues that if the
data minimummization
principle is not realized,
this may lead to quite some
inconveniences; on the other
hand, if the principle is
realized, new techniques can
be developed that rely on
the context of the data,
which may provide for
innovative solutions.
However, this is far from a
solved problem and it
requires further research.
20.11.2012
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(with
N.A.N.M. van Eijk),
Must-carry Regulation: A Must or a Burden?,
IRIS plus, 2012-5, p. 7-23.
The first
must-carry rules date back to 1990, the time when
space on analogue broadcasting networks was limited
and when supply grew quickly due to the introduction
of private broadcasters. To ensure that channels of
general interest would still be transmitted,
countries introduced rules to regulate the scarcely
available cable capacity. The major reason for
introducing these must-carry rules was to guarantee
access to public service broadcasting and ensure a
diverse choice of programmes. The option in the
European regulatory framework of reserving
distribution capacity for selected channels, is
characterised by its technology-neutral formulation.
A distinctive feature of these European rules is
that must-carry obligations can only be imposed if
the respective networks are the principal means of
receiving radio and television channels for a
significant number of end-users of these networks.
In a market where users increasingly opt for using
one provider for all their communication services,
the question is justified if - apart from technical
restrictions - must-carry obligations should be
linked to a quantitative criterion. In this article,
insight is provided into the choices made by various
European countries with respect to regulation
must-carry obligations and how the general European
framework is applicable to national regulations. A
brief comparison is made with the situation in the
United States, some conclusions are drawn and
thoughts are provided on the future of must-carry
obligations in Europe.
09.10.2012
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(with
N.A.N.M. van Eijk,
N. Helberger, L. Kool, A.
van der Plas)
Online tracking: questioning the power of informed
consent, info, 2012-5, p. 57-73.
The paper aims to
report the main findings of a study for the Dutch
Regulatory Authority for the Telecommunications
sector OPTA to explore how the new European "cookie
rules" in the ePrivacy Directive impact on
behavioral advertising practices via the storing and
reading of cookies. The paper identifies the main
dilemmas with the implementation of the new European
rules. The Dutch case provides a valuable reality
check also outside The Netherlands. Even before the
amendment of the directive, The Netherlands already
had an opt-in system in place. From the Dutch
experience important lessons can be learned also for
other European countries.
10.08.2012
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(with F.J. Zuiderveen Borgesius)
Google and Personal Data Protection, Working Paper,
2012.
This
chapter discusses the interplay between the European
personal data protection regime and two specific Google
services, Interest Based Advertising and Google Street
View. The chapter assesses first the applicability of
the Data Protection Directive, then jurisdictional
issues, the principles relating to data quality, whether
there is a legitimate purpose for data processing, and
lastly the transparency principle in connection with the
rights of the data subject. The conclusion is that not
all aspects of the services are easy to reconcile with
the Directive's requirements.
21.03.2012
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(with J. Poort,
N.A.N.M. van Eijk, I. Akker & P.
Rutten)
Digitally binding: Examining the feasibility of charging
a fixed price for e-books, Report commissioned by
the Ministry of Education, Culture and Science (OC&W),
Amsterdam, March 2012.
Legal price fixing for printed books
in the Dutch and Frisian languages was introduced in
the Netherlands in 2005. Publishers today are
required to fix retail prices for new books and
retailers are required to charge the prices set.
Fixed prices are valid for an indefinite period, but
publishers are permitted to adjust them after a
period of six months and to discard the fixed price
altogether after a year. The Resale Price
Maintenance (Books) Act (Wet op de vaste
boekenprijs) seeks to contribute towards a large
and varied stock and wide geographic availability of
books, as well as towards public participation
(purchasing and reading habits). With the emergence
of e-books, the question arises as to whether it
would be possible and desirable to introduce legally
enforced price fixing for digital books too. This
study examines the feasibility and enforceability of
resale price maintenance (RPM) for e-books and
analyses the functionality in terms of the degree to
which it contributes to pluralism and the broad
availability of supply, the market structure of the
book business and the diversity and availability of
print books.
Originally published in Dutch as:
Digitaal gebonden: Onderzoek naar de functionaliteit van
een vaste prijs voor het e-boek.
09.03.2012
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Digital content services for consumers: Comparative
analysis of the applicable legal frameworks and
suggestions for the contours of a model system of
consumer protection in relation to digital content
services, Report 1: Country reports, Centre for the
Study of European Contract Law (CSECL) & Institute for
Information Law (IViR), 2012, 432 pp.
The Centre for the
Study of European Contract Law (CSECL) and the
Institute for Information Law (IViR) were
commissioned by the European Commission to conduct a
study on digital content services for consumers.
This report contains the country reports of 9 Member
States - Finland, France, Germany, Hungary, Italy,
The Netherlands, Poland, Spain and the United
Kingdom - and two legal systems from outside the EU,
i.e. Norway and the United States. The country
reports contain the responses of national experts to
a questionnaire developed by the CSECL and the IViR.
02.03.2012
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On the fabrication of sausages, or of Open Government
and Private Data,
JeDEM, 2011-2, p. 1-16.
Governments have
become increasingly open and transparent over the
last few years. Originally, this trend was largely
based on the desire to give citizens access to
governmental information, so that state policies and
regulatory practices could be controlled and
debated. The right to access of governmental data
was directly linked with democratic values such as
autonomous citizenship, public debate and control on
governmental power. In the beginning of this
century, emphasis has shifted to a new ground for
requiring transparency, namely the re-use of public
sector information. Re-use of governmental data by
third parties is mostly executed by market parties
with commercial interests. The principles of open
government and data re-use specifically conflict
with intellectual property and privacy rights. This
article analyses the tension between open government
policies and the protection of personal information
from a legal perspective. Finally, it assesses
whether and if so, how the two principles can be
reconciled.
06.01.2012
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(with M.B.M. Loos,
N. Helberger,
L. Guibault, C. Mak, L.
Pessers, K.J. Cseres
& R. Tigner)
Analysis of the applicable legal frameworks and
suggestions for the contours of a model system of
consumer protection in relation to digital content
contracts, Final Report, Comparative analysis, Law &
Economics analysis, assessment and development of
recommendations for possible future rules on digital
content contracts.
More information on the
website of the European Commission.
23.11.2011
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(with
N.A.N.M. van Eijk,
N. Helberger, L.
Kool & A. van der Plas)
Online tracking: Questioning the power of informed
consent,
Paper prepared for ITS, 22nd European Regional ITS
Conference Budapest, Hungary (18-21 September 2011).
18.10.2011
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(with N.A.N.M. van Eijk)
How
Television went digital in the Netherlands,
Mapping Digital Media: reference series no. 11,
September 2011.
11.10.2011
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Public Sector Information & Data Protection: A plea for
personal privacy settings for the re-use of PSI,
Informatica e Diritto, Fascicolo 1-2, 2011, p.
219-236.11.10.2011
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(with
J.J.C. Kabel, M. Antic, A.
Lagemaat & M. van Stekelenburg)
To what
extent should on-line intermediaries (such as ISPs and
operators of online market places) be responsible for
the control or prohibition of unfair competitive
practices (in particular sales of products contrary to
the law) carried out on their systems?,
Dutch Report for the LIDC Congress in Oxford (22-24
September 2011).
See also the adopted
resolution (24/09/2011).
See also the
international report by T. Cook.
29.07.2011
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(with
M.M.M. van Eechoud,
S.J. van Gompel,
L. Guibault,
& P.B. Hugenholtz)
Report of the Netherlands for ALAI 2011 Study Days
(Dublin). 19.05.2011
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Virtual Identity and Virtual Privacy: towards a Concept
of Regulation by Analogy, eGov Präsenz,
2011-1, p. 41-43.
The right to privacy
protects the unimpeded creation of one's personal identity
without external infringements. This protection is essential
for the development of independent citizens, which properly
functioning democratic states cannot do without. As a
growing number of people share their identity on the
Internet, there is an increasing demand for privacy rights
that protect the unimpeded creation of the virtual identity.
The right to virtual privacy ensures the independent
development of one's virtual personality, and also offers an
opportunity for regulating cyberspace in an innovative way.
01.03.2011
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Updated
31.01.2013
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