Comparative study on different approaches to new privacy challenges, in particular in the light of technological developments: contract nr. JLS/2008/C4/011 – 30-CE-0219363/00-28: final report

Korff, Douwe and Brown, Ian (2010) Comparative study on different approaches to new privacy challenges, in particular in the light of technological developments: contract nr. JLS/2008/C4/011 – 30-CE-0219363/00-28: final report. Technical Report. European Commission.

Abstract

This is the Final Report on a study commissioned by the European Commission’s Directorate-General for Justice, Freedom and Security and carried out under the guidance of its Data Protection Unit between October 2008 and August 2009. It follows on from an Inception Report, submitted in December 2008, an Interim Report, submitted in March 2009 (as revised in the light of the Commission’s comment), and a Draft Final Report, submitted in August 2009. It takes into account the Commission’s final comments.
The study was carried out by Prof. Douwe Korff of London Metropolitan University and Dr. Ian Brown of the Oxford Internet Institute of Oxford University, assisted by the following European and non-European experts: Prof. Peter Blume (Denmark), Prof. Graham Greenleaf (Australia), Prof. Chris Hoofnagle (USA), Prof. Lilian Mitrou (Greece), Filip Pospíšil, Helena Svatošová, Marek Tichy (Czech Republic); and advised by: Prof. Ross Anderson (UK), Caspar Bowden (UK/France), Paul Whitehouse (UK), and Prof. Katrin Nyman-Metcalf (Estonia).
The purpose of the study was to identify the challenges for the protection of personal data produced by current social and technical phenomena such as:
- the Internet;
- globalisation;
- the increasing ubiquity of personal data and personal data collection;
- the increasing power and capacity of computers and other data-processing devices;
- special new technologies such as RFID, biometrics, face- (etc.) recognition, etc.;
- increased surveillance (and “dataveillance”); and
- increased uses of personal data for purposes for which they were not originally collected, in particular in relation to national security and the fight against organised crime and terrorism -
and to produce a report containing a comparative analysis of the responses that different regulatory and non-regulatory systems (within the EU and outside it) offer to those challenges, and that provides guidance on whether the legal framework of the main EC Directive on data protection (Directive 95/46/EC) still provides appropriate protection or whether amendments should be considered in the light of best solutions identified. This is that report. (Introduction)

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