Dr. Victoria Banti-Markouti The threat to consumers’ privacy: Digital Management Systems of Protection of Privacy and Personal Data Dr. Victoria Banti-Markouti

Violation of data by technological protection measures of intellectual property works In the real world purchasers of IP works do not have to give away their data In the internet the purchaser is asked directly or indirectly to give away his data A posteriori terms of purchase contract, “I agree”, “yes” click : consumers reveal their personal data to enjoy the IP work they have already bought If consumer denies giving away his personal data services can be rendered impossible Solution requires knowledge of informative systems in order to exterminate spying software Solution by English Courts: All terms should be presented in red letters in the package of the product for consumers’ informative decision

The future of privacy is connected with the future of the protection of copyright Technological protection measures used for copyright protection change the degree of privacy of users of IP works in the internet Conflict between Information Society Directive and Data Protection Directive Systems of IP protection allow perfect control of the access and use of digital files by users Purposes for data collection include direct marketing back up, profiling of customers, sending spam without user’s consent

Criticism of violations of data by technological IP protection measures Civil Society pressures in the US led to the “digital consumer right to know”, Digital Media Consumer’s Rights Act Political World: Pirates’ Party gained 7% of votes for Euro parliament in Sweden 2009 Academia: Will code replace the law? How would be market be affected if users knew their data would be revealed automatically after buying a product?

Privacy enhancing technologies, Lessig Lex Informatica, Reidenberg “The answer to the machine is the machine” Methods of consumers’ control of their personal data Privacy enhancing technologies, Lessig Lex Informatica, Reidenberg Privacy Enhancing technologies offer data minimisation and consent mechanisms Platform for Privacy Preferences adopted by Microsoft Internet Browser But: these technologies “are insufficient, solve only part of the problem and are open to technical attacks”

New Initiatives Digital Greece 2020: permanent tool for consultation and formulation of policy proposals for the use of Information and Communication Technologies http://www.digitalgreece2020.gr/en Amnesty International: Resolution on Human Rights and Personal Data: need for comprehensive and inclusive policy for personal data as defined by the relevant conventions.

Recommendations for amendment of the IP law 2121/1993 for the data protection of the IP users Circumvention of DRMS should be allowed in order to apply the exemptions of copyright in the internet. Circumvention should be allowed when technological protection measures for the protection of copyright are violating personal data ex. Profiling creation The exemptions of copyright that exist in the real world should apply in the internet (art. 66A5 on exception for private use should not include only “photocopy reproduction” but include any kind of technological reproduction)

Clear definition to the problematic notion of “effective legal measures” for copyright protection should be given Implementation of IP law in the internet should ne followed in the framework of one IP law, no division between on line and off line protection. Recommendation by the working group on open software of Digital Greece 2020: -Procedure of anonymising data collected by the public administration according to data protection law 2472/1997. Data divided in three categories according to the levels of protection.

Conclusions Citizens should be aware of data violations on the internet Use technological measures for protection Harmonized level of protection in EU, US and WIPO Constructive dialogue between legislator, industry and internet users Legislation compatible with new technological environment and society’s needs