Thousands of data (banking, personal, …) crossing the canvas are increasingly shared by the major sites and Internet hosts – a business tens of billions of euros. If the law adapts to a digital world, where personal information is used to establish consumer profiles, it is always a step behind technology. Overview of this upheaval.
A digital zeitgeist
“ The content and information you post on Facebook belong to you, and you can control how we share your content through the privacy settings and applications . ” The announcement is vague for a lucrative reality. Life line creates a true digital zeitgeist, formed what is called our personal data.
They include an amount of more or less identifiable information (name, age, sex, place of residence, favorite hobbies, consumed products, web searches, nickname, n ° client …). If one cuts across, this information can draw a true consumer profile which today currency. In France, the CNIL (Commission Nationale Informatique and freedoms) ensure that laws that protect such personal data are respected in order to avoid abuses and human rights violations.
In 2011, CNIL has identified no less than 5738 complaints, its highest level of activity to date, which, she says, “ shows the interest of more and more marked for people to protect their data and the sensitivity of this issue in the digital age . ” While the issue of data has largely been ignored by a majority of the population for a long time, social awareness gradually began at the turn of the 2010s, and today the issue of sharing of our personal data becomes central.
Facebook pinned in Ireland
As the press revealed the attitude of the least casual web giants, litigation around this Thematic multiplied. The whirlpool created by the scandal of the NSA listens launched by the US official Edward Snowden shows how this issue is crucial in today’s society.
While focusing on strengthening the rights of people in world where the flow of information and reached a level unprecedented ease, data portability, the appearance of the right to be forgotten among others are forcing lawyers to rethink the legal framework for personal data.
Today, everywhere in the world, accumulating convictions. No later than the beginning of this month, the Court of Justice of the European Union agreed with the young Austrian jurist Max Schrems, who asked to Ireland, European headquarters of Facebook, it opposes transfer of personal data across the Atlantic. This judgment is a strong message sent to US Internet giants such as Facebook or Google, also closely scrutinized for personal data transfer issues.
Build a legal framework adapted to Company
The legal arsenal – and technology regarding the controls – is now largely insufficient. Legal frameworks date and do not meet the challenges posed by the evolution of new technologies. A challenge “ citizens ” which, in Florence Raynal, Head of the European and International Affairs of the CNIL, “ did not escape the European Union .”
This organization, after reform will be on the front line. “This is to build a framework adapted to technological developments and applies globally,” she says. The draft has already been examined by the European Parliament and the Council of the Union. Since mid-June, he struggled to find a consensus on the final regulation. The remaining goal officially adopted both texts in January 2016. And the situation is urgent: Most social networks are free: so it must finance otherwise. And at this level, personal data left by users are a gold mine.
Despite these advances attempts in a field still largely ignored by the law, Internet users are largely responsible for that information they come online. In September 2015, the CNIL recalled still “too many sites have no measure of vigilance.” It is therefore necessary, pending a possible law that would come to a moral level processing of personal data by web giants, be wary of certain site, and avoid it.
“ Airbnb knows me by heart ‘
“ Airbnb knows me (almost) by heart: this is my complete ID card is clear to me – name, address, age – and even Facebook ID (for finding my profile). The site also remembers my IP , “quips rue89 a user on the site. The company retains indeed all reservations, accepted or not, travel time, dates and the number of people, all comments, whether private or not, made or received. In its general terms, Airbnb details his goals: “ Exploit, protect, improve and optimize the platform. [...] To assist in the creation and preservation of a safe and healthier environment on the platform. [...] Manage awards, surveys, contests, sweepstakes or other promotional activities or events supported or managed by Airbnb . ” Not very reassuring, therefore, since the site gives itself the right to consider ourselves as a promotional firing range for its partners.
When you know that the engines of such sites retain every search, we see the scale can take the exploitation of personal data, with a permeability as that applied by the major European groups today. In addition, under certain lawsuits discussed data retained after deleting an account. In France, every citizen, by law, has a right of discretionary opposition – so no need to justify the request. However, application of such a text is complex, especially as some data may be circulated before closing that account. The simplest is still carefully choose the sites have called, and say as little as possible.