"Das Fremdwort imponiert, es imponiert um so mehr, je weniger es verstanden wird'

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UKUKUNAKS?
AHTI SAARENPÄÄ UNIVERSITY OF LAPLAND
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PRIVACY
AHTI SAARENPÄÄ UNIVERSITY OF LAPLAND
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"Das Fremdwort imponiert, es imponiert um so
mehr, je weniger es verstandenwird

• Viktor Klemperer

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Artificial society
WE ARE LIVING IN A NEW ARTICIFIAL SOCIETY, WHERE
MORE AND MORE THINGS ARE REGULATAED, NOT ANY
MORE NATURAL
RISTO HEISKALA
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PRIVACY?

• CONCEPT FROM USA
• COMMON LEGAL CONCEPT
• LEGAL TRANSPLANT
• LEGAL PRINCIPLE
• LEGAL INSTITUTION
• SLOGAN

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LEFIS SERIE PRIVACY
EDITOR Ahti Saarenpää LINGUISTIC EDITOR Richard
Foley
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TOWARDS CONSTITUTIONAL PRIVACIES?
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• Saarenpää, Ahti Foreword X-XVI
• Saarenpää, Ahti Approaching Privacy 1-44
• Kleve, Pieter
• De Mulder, Richard Privacy Concerns in the
  Information Society
• 
  when will we have a Data Promotion Act?
  46-60
• Leith, Philip Privary as Slogan 62-73
• Galindo, Fernando Surveillance, privacy
  participation 75-89
• Stefanova, Tatiana Privacy in the Web 91-108
• Råman, Jari Privacy,
  security and lawful interception
• 
  in quest for a new balance
  110-125
• Civilka, Mindaugas -
• Barasneviciute, Rita Data Protection and
  Privacy
• 
  Changing Interplay with Human Rights 127-150
• Maioli Cesare -
• Rabbito Chiara Privacy and Identity Management
  in
• 
  a European E-Health System
• 
  an Experience in the Making 152-162
• Saarenpää, Ahti The Right to be let alone in the
  Workplace 164-173

about 240 pages
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TOWARDS CONSTITUTIONAL PRIVACIES

• FOREWORD
• part one introduction
• part two general discussion
• part three privacy in web
• part four privacy and data protection
• part five crisis management

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Introduction
towards constitutional privacies

• Ahti Saarenpää
• Approaching Privacy 44 pages
• From an old human need to the new separated
  legislation
• From our old conceptual dicussion to the modern
  law of personality
• From old systematics to Information law
• Links to all other papers
• People are regrettably eager to pry. In order
  to improve the protection of privacy
  substantially in the network society, we would
  have to change people as well. But I do not think
  even the Data Protection Ombudsman could manage
  this.

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General Discussion
towards constitutional privacies

• Pieter Cleve - Richard De Mulder
• Privacy Concerns in the Information Society
  when
  will we have a Data Promotion Act? 14 pages
• The following two theses are explored in this
  article. Firstly, if there is a relationship
  between information technology and personal
  privacy, and if information technology is found
  to be useful by individuals, then the more
  traditional notions regarding the protection of
  privacy will diminish in importance in favour of
  the use of information technology. Secondly, as
  it is now possible, because of information
  technology, to gather, store and formulate
  personal information into intelligent
  information, would a democratic state subject to
  the rule of law be better served by a right to
  know rather than a right to privacy.

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General Discussion
towards constitutional privacies

• Philip Leith
• Privacy as Slogan 11 pages
• The situation, where the law cannot deliver what
  it promises in terms of protection for an
  individuals information leads to privacy,
  like choice, becoming more clearly a slogan
  than a reasoned concept .
• There are two major problems, apart from the fact
  that we are not really dealing with privacy as
  such (the implementations are artificial since
  privacy is so hard to define). These are 
• 1. The general population is being given rights
  which are relatively ineffective and which are
  more slogan than actual.
• 2.  Celebrities are being given commercial rights
  which essentially allow them to control the
  presentation of information about themselves.

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Section 8 - Invasion of personal reputation
(531/2000) (1) A person who unlawfully (1)
through the use of the mass media, or (2) in
another manner publicly spreads information, an
insinuation or an image of the private life of
another person, so that the act is conducive to
causing that person damage or suffering, or
subjecting that person to contempt, shall be
sentenced for an invasion of personal reputation
to a fine or to imprisonment for at most two
years. .
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(2) The spreading of information, an insinuation
or an image of the private life of a person in
politics, business, public office or public
position, or in a comparable position, does not
constitute an invasion of personal reputation, if
it may affect the evaluation of that persons
activities in the position in question and if it
is necessary for purposes of dealing with a
matter with importance to society.
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General Discussion
towards constitutional privacies

• Fernando Galindo
• Surveillance, privacy participation 14 pages
• The aim of this paper has been to demonstrate
  that, by linking together two different types of
  research, empirical studies on the citizens
  opinions help compare information and reflections
  obtained by other means both in the field of
  surveillance and privacy and in the field of ICT
  or knowledge-based society. Furthermore, the
  proposals of the Kingston survey, as an auxiliary
  method to the legal type research presented
  herein, have proved to be essential to make the
  demands for citizens participation in the
  creation of laws, codes of conduct or industrial
  standards, which are implicitly or explicitly
  included in the constitutions of the democratic
  systems, a reality. Which is no mean task.
•  

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Privacy in the web
towards constitutional privacies

• Tatiana Stefanova
• Privacy in the Web 17 pages
• Web sites should make available a privacy
  policy that is easy to find. Ideally the policy
  should be accessible from the home page by
  looking for the word Privacy. Privacy polices
  should state clearly how and when personal
  information is collected. Web sites should make
  it possible for individuals to get access to
  their own data. Cookies transactions should be
  more transparent. Web sites should continue to
  support anonymous access for Internet users.

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Privacy in the web
towards constitutional privacies

• Jari Råman
• Privacy, security and lawful interception in
  quest for a new balance 15 pages
• Even though the regulation of lawful interception
  per se is essentially based on basic rights
  issues, the role of basic rights and liberties
  has not been of much concern when regulating the
  requirements for the design and development of
  interception systems or the process by which they
  are decided. The regulation of the technology
  underlying has not been under similar
  constitutional constraints as the use of lawful
  interception. 
• This could risk our right to privacy together
  with information security as an individual right
  and a collective good.

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Privacy and Data Protection
towards constitutional privacies

• Mindaugas Civilka - Rita
  Barasneviciute
• Data Protection and Privacy Changing Interplay
  with Human Rights 23 pages
• Of course, privacy is not about economics
  privacy is, inter alia, about human rights but
  personal data protection regime is also about
  economics among other things. Thus, one may
  easily grasp the idea of privacy as a commodity
  that you trade for the benefits of living in a
  connected world.You can easily waste and loose
  understand about human right to privacy by such
  kind of expressions like ltgt if you don't want
  people to find you, stay the heck offline. Of
  course, we may not place efficacy ahead of
  justice, economy ahead of human rights. Data
  protection was always about the carefully sought
  balance
• Third Pillar of EU once again reminds us of the
  price for safer life in society. Unfortunately,
  in the hands of evil new technologies may become
  more dangerous to the society as before. Thats
  why the price we are paying is, inter alia, our
  privacy.

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Privacy and data protection
towards constitutional privacies

• Cesare Maioli - Chiara Rabbito
  
• Privacy and Identity Management in a European
  E-Health System an Experience in the Making 11
  pages
• Three questions in the regard of issue of the
  privacy of medical data
• ? the question of the right to privacy. Here it
  was necessary to publish a legal notice setting
  out the responsibilities and obligations of those
  in charge of processing the data and obtaining
  the users consent to go ahead with such
  processing. Because the project was designed for
  delivery of both medical and social services, we
  accordingly had to process two types of personal
  data - medical and nonmedical - and set up two
  standards, a double set of regulations according
  as the data to be processed is classified as
  medical (under the Italian Code on Privacy) or
  otherwise
• ? the question of data-processing techniques.
  Here it was necessary to set out requirement for
  cryptography and digital signatures, along with
  the signer's responsibilities
• ? the question of authenticating the system
  operators. Here we needed access codes and
  digital signatures for all documents needing to
  be underwritten for administrative purposes.

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Act on the Protection of Privacy in Working Life
(759/2004) Chapter 1 - General provisions
Section 1 Purpose of the act The purpose of
this Act is to promote the protection of privacy
and other basic rights safeguarding the
protection of privacy in working life
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Privacy and data protection
towards constitutional privacies

• Ahti Saarenpää
• The Right to be left alone in the Workplace 9
  pages
• In a modern European constitutional state, our
  right to self-determination is stronger than ever
  before. The strengthening of our privacy is
  linked to this. Correspondingly, in one way or
  other, those who invade our privacy by observing
  us or processing our personal data, have to
  choose the means they use by observing the least
  necessary principles of invasion. This is also a
  principal rule in the organisation of privacy in
  working life. Employment takes place under the
  leadership and monitoring of the employer, but
  while respecting the privacy of the employee.

Is there too much Saarenpää?
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Privacy and data protection
towards constitutional privacies

• Rimantas Petrauskas Darius Stitilis
• Privacy issues of electronic communications
• The main purpose of the article is to analyze
  legal problems related to the restriction of
  private life in electronic communications for law
  enforcement purposes. The present work deals with
  certain problems relating to legal regulation in
  the field of the control of electronic
  communications both according to the Law on
  Operative Activities and the Criminal Procedure
  Law.

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Privacy and data protection
towards constitutional privacies

• Reijo Aarnio
• What is going on and the need of privacy impact
  assessment tools 25 pages
• We cannot make decisions with direct reference
  to the laws rather, laws must often be genuinely
  interpreted. This is a paradox of sorts in light
  of the societal role of data protection
  legislation. Data protection is a right that
  applies to us all on a day-to-day basis. Hence,
  the legislation should be as informative as
  possible and readily intelligible but this it
  cannot be given its necessarily abstract nature.
  We do need privacy impact assessment tools.

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Crisis management
towards constitutional privacies

• Rimantas Petrauskas Kristina Spalveters
• Limitation of the right to anonymity as a part
  of the Right to Privacy in Cyberspace for the
  suppression of Terrorism in the republic of
  Lithuania
• The EU directive on the retention of
  communications can make a great impact on the
  period of retention of the traffic data
  administered by providers of electronic
  communications services. The provisions of the
  Directive are possibly inconsistent with those of
  the Constitution of the Republic of Lithuanian as
  far as it concerns the requirement to store
  information about the traffic data longer than it
  is needed to ensure economical activities.
  Competent institutions should take all necessary
  measures to evaluate this possible inconsistence
  upon implementing the Directive.

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LEFIS IS GOING ON