Publications - Pagina 132 van 272

Singling out people without knowing their names – Behavioural targeting, pseudonymous data, and the new data protection regulation external link

Computer Law & Security Review, num: 2, pp: 256-271., 2016

Abstract

Information about millions of people is collected for behavioural targeting, a type of marketing that involves tracking people’s online behaviour for targeted advertising. It is hotly debated whether data protection law applies to behavioural targeting. Many behavioural targeting companies say that, as long as they do not tie names to data they hold about individuals, they do not process any personal data, and that, therefore, data protection law does not apply to them. European Data Protection Authorities, however, take the view that a company processes personal data if it uses data to single out a person, even if it cannot tie a name to these data. This paper argues that data protection law should indeed apply to behavioural targeting. Companies can often tie a name to nameless data about individuals. Furthermore, behavioural targeting relies on collecting information about individuals, singling out individuals, and targeting ads to individuals. Many privacy risks remain, regardless of whether companies tie a name to the information they hold about a person. A name is merely one of the identifiers that can be tied to data about a person, and it is not even the most practical identifier for behavioural targeting. Seeing data used to single out a person as personal data fits the rationale for data protection law: protecting fairness and privacy.

Links

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2733115

behavioural targeting, cookies, Data protection law, IP addresses, online behavioural advertising, Personal data, Privacy, profiling, pseudonymous data, tracking

RIS

TY  - JOUR
AU  - Zuiderveen Borgesius, F.
PY  - 0223
DA  - 2016-02-23
T1  - Singling out people without knowing their names – Behavioural targeting, pseudonymous data, and the new data protection regulation
JO  - Computer Law &amp; Security Review
NV  - 2
SP  - 256-271.
AB  - Information about millions of people is collected for behavioural targeting, a type of marketing that involves tracking people’s online behaviour for targeted advertising. It is hotly debated whether data protection law applies to behavioural targeting. Many behavioural targeting companies say that, as long as they do not tie names to data they hold about individuals, they do not process any personal data, and that, therefore, data protection law does not apply to them. European Data Protection Authorities, however, take the view that a company processes personal data if it uses data to single out a person, even if it cannot tie a name to these data. This paper argues that data protection law should indeed apply to behavioural targeting. Companies can often tie a name to nameless data about individuals. Furthermore, behavioural targeting relies on collecting information about individuals, singling out individuals, and targeting ads to individuals. Many privacy risks remain, regardless of whether companies tie a name to the information they hold about a person. A name is merely one of the identifiers that can be tied to data about a person, and it is not even the most practical identifier for behavioural targeting. Seeing data used to single out a person as personal data fits the rationale for data protection law: protecting fairness and privacy.
K1  - behavioural targeting
K1  - cookies
K1  - Data protection law
K1  - IP addresses
K1  - online behavioural advertising
K1  - Personal data
K1  - Privacy
K1  - profiling
K1  - pseudonymous data
K1  - tracking
ER  -

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Bibtex

Article{nokey,
	title = {Singling out people without knowing their names – Behavioural targeting, pseudonymous data, and the new data protection regulation},
	author = {Zuiderveen Borgesius, F.},
	url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2733115},
	year = {0223},
	date = {2016-02-23},
	journal = {Computer Law &amp; Security Review},
	number = {2},
	pages = {256-271.},
	abstract = {Information about millions of people is collected for behavioural targeting, a type of marketing that involves tracking people’s online behaviour for targeted advertising. It is hotly debated whether data protection law applies to behavioural targeting. Many behavioural targeting companies say that, as long as they do not tie names to data they hold about individuals, they do not process any personal data, and that, therefore, data protection law does not apply to them. European Data Protection Authorities, however, take the view that a company processes personal data if it uses data to single out a person, even if it cannot tie a name to these data. This paper argues that data protection law should indeed apply to behavioural targeting. Companies can often tie a name to nameless data about individuals. Furthermore, behavioural targeting relies on collecting information about individuals, singling out individuals, and targeting ads to individuals. Many privacy risks remain, regardless of whether companies tie a name to the information they hold about a person. A name is merely one of the identifiers that can be tied to data about a person, and it is not even the most practical identifier for behavioural targeting. Seeing data used to single out a person as personal data fits the rationale for data protection law: protecting fairness and privacy.},
	keywords = {behavioural targeting, cookies, Data protection law, IP addresses, online behavioural advertising, Personal data, Privacy, profiling, pseudonymous data, tracking},
}

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“Onafhankelijkheid publieke omroep moet beter worden geborgd” external link

van Eijk, N.

Broadcast Magazine, num: 2, pp: 46-47., 2016

Links

http://www.ivir.nl/publicaties/download/1727.pdf

Mediarecht, Omroeprecht

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Bijdrage Rondetafelgesprek 11 februari 2016: Computercriminaliteit III external link

van Eijk, N.

2016

Links

http://www.ivir.nl/publicaties/download/1726.pdf

Technologie en recht

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Het prinsesje onder de grondrechten external link

Kabel, J.

Privacy & Informatie, num: 6, pp: 215., 2016

Links

http://www.ivir.nl/publicaties/download/1725.pdf

Grondrechten

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IE vincit omnia? Opsporing in de particuliere sector. external link

Kabel, J.

AMI, num: 6, pp: 176-180., 2016

Abstract

Bevel aan Google tot afgifte ex. art. 28 lid 9 Aw van persoons- en adresgegevens van de houder van een Google Play account vanwege onrechtmatige verkoop van e-books. Voorwaarde dat de houder op grond van art. 40 Wbp verzet kan aantekenen tegen die afgifte bij de verantwoordelijke (Google). Grondrechtenconflict bescherming van eigendom, vrijheid van meningsuiting en privacy.

Links

http://www.ivir.nl/publicaties/download/1724.pdf

Grondrechten, Privacy

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Individual Licensing Models and Consumer Protection external link

Guibault, L.

2016

Abstract

Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim under consumer protection law against copyright owners for the impossibility to make a copy for private purposes, the lack of interoperability between devices, and the geo-blocking of their account?

Links

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2713765

Auteursrecht, Consumer law, consumer protection, Copyright, digital content, geo-blocking, Intellectuele eigendom, interoperability, private copying

RIS

TY  - GEN
AU  - Guibault, L.
PY  - 2016
DA  - 2016-02-05
T1  - Individual Licensing Models and Consumer Protection
AB  - Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim under consumer protection law against copyright owners for the impossibility to make a copy for private purposes, the lack of interoperability between devices, and the geo-blocking of their account?
K1  - Auteursrecht
K1  - Consumer law
K1  - consumer protection
K1  - Copyright
K1  - digital content
K1  - geo-blocking
K1  - Intellectuele eigendom
K1  - interoperability
K1  - private copying
ER  -

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Bibtex

Other{nokey,
	title = {Individual Licensing Models and Consumer Protection},
	author = {Guibault, L.},
	url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2713765},
	year = {2016},
	date = {2016-02-05},
	abstract = {Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim under consumer protection law against copyright owners for the impossibility to make a copy for private purposes, the lack of interoperability between devices, and the geo-blocking of their account?},
	keywords = {Auteursrecht, Consumer law, consumer protection, Copyright, digital content, geo-blocking, Intellectuele eigendom, interoperability, private copying},
}

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Cultural Heritage Online? Settle it in the Country of Origin of the Work external link

Guibault, L.

JIPITEC, num: 3, pp: 173-191., 2016

Abstract

This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.

Links

http://www.ivir.nl/publicaties/download/1722.pdf

Auteursrecht, Copyright, cross-border access, cultural heritage, extended collective licensing, Intellectuele eigendom

RIS

TY  - JOUR
AU  - Guibault, L.
PY  - 2016
DA  - 2016-01-19
T1  - Cultural Heritage Online? Settle it in the Country of Origin of the Work
JO  - JIPITEC
NV  - 3
SP  - 173-191.
AB  - This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.
K1  - Auteursrecht
K1  - Copyright
K1  - cross-border access
K1  - cultural heritage
K1  - extended collective licensing
K1  - Intellectuele eigendom
ER  -

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Bibtex

Article{nokey,
	title = {Cultural Heritage Online? Settle it in the Country of Origin of the Work},
	author = {Guibault, L.},
	url = {http://www.ivir.nl/publicaties/download/1722.pdf},
	year = {2016},
	date = {2016-01-19},
	journal = {JIPITEC},
	number = {3},
	pages = {173-191.},
	abstract = {This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.},
	keywords = {Auteursrecht, Copyright, cross-border access, cultural heritage, extended collective licensing, Intellectuele eigendom},
}

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Scoping Electronic Communication Privacy Rules: Data, Services and Values external link

van Hoboken, J. & Zuiderveen Borgesius, F.

JIPITEC, num: 3, pp: 198-210., 2016

Abstract

We use electronic communication networks for more than simply traditional telecommunications: we access the news, buy goods online, file our taxes, contribute to public debate, and more. As a result, a wider array of privacy interests is implicated for users of electronic communications networks and services. . This development calls into question the scope of electronic communications privacy rules. This paper analyses the scope of these rules, taking into account the rationale and the historic background of the European electronic communications privacy framework. We develop a framework for analysing the scope of electronic communications privacy rules using three approaches: (i) a service-centric approach, (ii) a data-centric approach, and (iii) a value-centric approach. We discuss the strengths and weaknesses of each approach. The current e-Privacy Directive contains a complex blend of the three approaches, which does not seem to be based on a thorough analysis of their strengths and weaknesses. The upcoming review of the directive announced by the European Commission provides an opportunity to improve the scoping of the rules.

Links

http://www.ivir.nl/publicaties/download/1721.pdf

data, e-Privacy Directive, electronic communication, Privacy, services, values

RIS

TY  - JOUR
AU  - van Hoboken, J.
AU  - Zuiderveen Borgesius, F.
PY  - 0119
DA  - 2016-01-19
T1  - Scoping Electronic Communication Privacy Rules: Data, Services and Values
JO  - JIPITEC
NV  - 3
SP  - 198-210.
AB  - We use electronic communication networks for more than simply traditional telecommunications: we access the news, buy goods online, file our taxes, contribute to public debate, and more. As a result, a wider array of privacy interests is implicated for users of electronic communications networks and services. . This development calls into question the scope of electronic communications privacy rules. This paper analyses the scope of these rules, taking into account the rationale and the historic background of the European electronic communications privacy framework. We develop a framework for analysing the scope of electronic communications privacy rules using three approaches: (i) a service-centric approach, (ii) a data-centric approach, and (iii) a value-centric approach. We discuss the strengths and weaknesses of each approach. The current e-Privacy Directive contains a complex blend of the three approaches, which does not seem to be based on a thorough analysis of their strengths and weaknesses. The upcoming review of the directive announced by the European Commission provides an opportunity to improve the scoping of the rules.
K1  - data
K1  - e-Privacy Directive
K1  - electronic communication
K1  - Privacy
K1  - services
K1  - values
ER  -

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Bibtex

Article{nokey,
	title = {Scoping Electronic Communication Privacy Rules: Data, Services and Values},
	author = {van Hoboken, J. and Zuiderveen Borgesius, F.},
	url = {http://www.ivir.nl/publicaties/download/1721.pdf},
	year = {0119},
	date = {2016-01-19},
	journal = {JIPITEC},
	number = {3},
	pages = {198-210.},
	abstract = {We use electronic communication networks for more than simply traditional telecommunications: we access the news, buy goods online, file our taxes, contribute to public debate, and more. As a result, a wider array of privacy interests is implicated for users of electronic communications networks and services. . This development calls into question the scope of electronic communications privacy rules. This paper analyses the scope of these rules, taking into account the rationale and the historic background of the European electronic communications privacy framework. We develop a framework for analysing the scope of electronic communications privacy rules using three approaches: (i) a service-centric approach, (ii) a data-centric approach, and (iii) a value-centric approach. We discuss the strengths and weaknesses of each approach. The current e-Privacy Directive contains a complex blend of the three approaches, which does not seem to be based on a thorough analysis of their strengths and weaknesses. The upcoming review of the directive announced by the European Commission provides an opportunity to improve the scoping of the rules.},
	keywords = {data, e-Privacy Directive, electronic communication, Privacy, services, values},
}

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Welcome to the Jungle: the Liability of Internet Intermediaries for Privacy Violations in Europe external link

van der Sloot, B.

JIPITEC, num: 3, pp: 211-228., 2016

Abstract

In Europe, roughly three regimes apply to the liability of Internet intermediaries for privacy violations conducted by users through their network. These are: the e-Commerce Directive, which, under certain conditions, excludes them from liability; the Data Protection Directive, which imposes a number of duties and responsibilities on providers processing personal data; and the freedom of expression, contained inter alia in the ECHR, which, under certain conditions, grants Internet providers several privileges and freedoms. Each doctrine has its own field of application, but they also have partial overlap. In practice, this creates legal inequality and uncertainty, especially with regard to providers that host online platforms and process User Generated Content.

Links

http://www.ivir.nl/publicaties/download/1720.pdf

Data protection, ECHR, Freedom of expression, Grondrechten, intermediaries, liability, Privacy

RIS

TY  - JOUR
AU  - van der Sloot, B.
PY  - 0119
DA  - 2016-01-19
T1  - Welcome to the Jungle: the Liability of Internet Intermediaries for Privacy Violations in Europe
JO  - JIPITEC
NV  - 3
SP  - 211-228.
AB  - In Europe, roughly three regimes apply to the liability of Internet intermediaries for privacy violations conducted by users through their network. These are: the e-Commerce Directive, which, under certain conditions, excludes them from liability; the Data Protection Directive, which imposes a number of duties and responsibilities on providers processing personal data; and the freedom of expression, contained inter alia in the ECHR, which, under certain conditions, grants Internet providers several privileges and freedoms. Each doctrine has its own field of application, but they also have partial overlap. In practice, this creates legal inequality and uncertainty, especially with regard to providers that host online platforms and process User Generated Content.
K1  - Data protection
K1  - ECHR
K1  - Freedom of expression
K1  - Grondrechten
K1  - intermediaries
K1  - liability
K1  - Privacy
ER  -

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Bibtex

Article{nokey,
	title = {Welcome to the Jungle: the Liability of Internet Intermediaries for Privacy Violations in Europe},
	author = {van der Sloot, B.},
	url = {http://www.ivir.nl/publicaties/download/1720.pdf},
	year = {0119},
	date = {2016-01-19},
	journal = {JIPITEC},
	number = {3},
	pages = {211-228.},
	abstract = {In Europe, roughly three regimes apply to the liability of Internet intermediaries for privacy violations conducted by users through their network. These are: the e-Commerce Directive, which, under certain conditions, excludes them from liability; the Data Protection Directive, which imposes a number of duties and responsibilities on providers processing personal data; and the freedom of expression, contained inter alia in the ECHR, which, under certain conditions, grants Internet providers several privileges and freedoms. Each doctrine has its own field of application, but they also have partial overlap. In practice, this creates legal inequality and uncertainty, especially with regard to providers that host online platforms and process User Generated Content.},
	keywords = {Data protection, ECHR, Freedom of expression, Grondrechten, intermediaries, liability, Privacy},
}

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On private persons monitoring the public space external link

Hijmans, H.

European Data Protection Law Review, num: 2, pp: 1-4., 2016

Links

http://www.ivir.nl/publicaties/download/1719.pdf

Grondrechten, Privacy

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