1. Surveillance, privacy & participation Fernando Galindo, University of Zaragoza, Spain Teaching in the Faculties of Law: Privacy LEFIS Meeting Lapland University Rovaniemi (Finnland) 20th January 2007

2. Which kind of teaching requires the teaching of privacy? Is it enough the teaching of the content of the Laws on data protection? Is it enough the teaching of the characteristics of the techniques on data protection? This paper as example to obtain some conclusions on teaching in the Faculties of Law The paper presents the results of several research projects in the area of data protection

3. Summary Research context Projects and the data of the International Survey Research (ISR) Conclusion: research and teaching

4. Research context General data of the Survey The Survey GOVERNANCE PRIME EGOBS LEFIS

5. General data of the Survey Penetration of Internet: comparison between countries Comparison between continents Internet users: comparison between countries Comparison between continents

6. Penetration of Internet: comparison between countries Penetration of Internet : % of population by countries www.internetworld stats.com (14.10.06) www.internetworld stats.com

7. Comparison between continents: Northamerica Penetration of Internet : % of population by countries www.internetworld stats.com (14.10.06) www.internetworld stats.com

8. Comparison between continents: Central and Southamerica Penetration of Internet : % of population by countries www.internetworld stats.com (14.10.06) www.internetworld stats.com

9. Comparison between continents:Europa Penetration of Internet : % of population by countries www.internetworld stats.com (14.10.06) www.internetworld stats.com

10. Comparison between continents: Asia Penetration of Internet : % of population by countries www.internetworld stats.com (14.10.06) www.internetworld stats.com

11. Internet users: comparison between countries Internet users: population in millions by countries www.internetworld stats.com (14.10.06) www.internetworld stats.com

12. Comparison between continents: Northamerica Internet users: population in millions by countries www.internetworld stats.com (14.10.06) www.internetworld stats.com

13. Comparison between continents: Central and Southamerica Internet users: population in millions by countries www.internetworld stats.com (14.10.06) www.internetworld stats.com

14. Comparison between continents: Europa Internet users: population in millions by countries www.internetworld stats.com (14.10.06) www.internetworld stats.com

15. Comparison between continents: Asia Internet users: population in millions by countries www.internetworld stats.com (14.10.06) www.internetworld stats.com

16. Initial conclusion It is a fact the expansion of Internet around the world There are enough users at least in the countries studied by the ISR The researchers take not, in general, reference on these facts The researches are made on concepts or general ideas without reference to citizen’s information, for example: Technologies E Commerce E Government The Laws on ICT Privacy Explanations on Laws and Technologies are enough resources to transfer to the future jurists the results of these conceptual researches They are not enough didactical resources to study facts as the amount of Internet users in every context, the problem is that... There are empirical researches in the area of data protection, that the future jurists must know and also realize, at least in cooperative form

17. Projects and the data of the International Survey Research (ISR) An example of empirical research on data protection: the ISR and several another projects, The ISR GOVERNANCE PRIME EGOBS LEFIS

18. International Survey Research (ISR) Research on Surveillance and Privacy made in Queen’s University in Kingston (Canada). Department of Sociology The Surveillance Project, Global Privacy of data, International Survey The questionnaires were asked between June and August 2006. Canada, United States, Mexico and Brazil in America, and France, Hungary and Spain in Europe. About 1000 persons in every country On the citizens’ opinions about “global surveillance” and respect for “privacy” of different human activities

19. GOVERNANCE Governance and regulatory estrategies in the knowledge society (in Spain) The GOVERNANCE (GERSOCO) Project pursues to design a theoretical model for the governance of the knowledge society addressing both the public and the private sectors. It attempts to analyse what conditions should the regulative instruments met in a society which is characterised by the overwhelming usage of ICT tools and the ever-increasing informative and legal exchanges over public telecommunication networks. The guiding vision of the project is that any democratic conception of governance should assure a strong orientation to citizens. Accordingly, the targeted model rests upon two pillars. On the one hand, it studies the new forms of civic participation in the governance, regulation and legislation work, specially by means of ICT channels. On the other, it analyses the ongoing development of social self-regulation as an appropriate means to involve citizens and social stakeholders in the regulation of the knowledge society. As a result, both elements build up a theoretical model of e-governance which should serve to design legislative and regulative strategies which are able to conjugate the operative needs of pubic bodies (efficacy and economic efficiency) with the increasing demand for democratisation in the collective decision-making processes. The basis of the project is to know the approach to the ICT made by citizens

20. GOVERNANCE: Objectives Governance and regulatory estrategies in the knowledge society (in Spain) Separation of political powers: government Economy and custom rules: governance Do the citizens know the technology? Do the citizens know the balance between government powers and governance rules in the knowledge society? Do the citizens accept the knowledge and use by anothers on their personal information?

21. GOVERNANCE and ISR Do the citizens know the technology?

22. Knowledge on Internet: in Spain

23. Knowledge on Internet: comparative view

24. Knowledge on Data mining: in Spain

25. Knowledge on Data mining: comparative view

26. Partial conclusion Enough knowledge on technology Moderate knowledge by the citizens on the possible use of recent technologies to process personal information

27. GOVERNANCE and ISR Do the citizens know the balance between government powers and governance rules in the knowledge society?

28. Trust in the law on protection of personal information used by governmental departments (Spain)

29. Trust in the law on protection of personal information used by private companies (Spain)

30. Trust in Government (Spain)

31. Trust in private companies (Spain)

32. Partial conclusion The citizens do not trust in general on the protection of the personal information by the laws The citizens feel that the private companies made an abuse of the personal information non protected by the laws Any way, the citizens have more trust in the treatment of personal information by the companies as by the governments

33. GOVERNANCE and ISR Do the citizens accept the knowledge and use by another on their personal information?

34. Interest on personal data protection (in Spain)

35. Interest on personal data protection (comparative view)

36. Partial conclusion The citizens have scarce interest in their personal data protection in relation with the use of the same by anothers

37. Conclusions for GOVERNANCE from ISR There are citizens opinions and feelings about the regulation of the knowledge society It is very important to attend to the citizens opinions to establish principles for e government and e governance The reflections coming from the existent laws and activities of institutions on personal information protection are not enough The citizens do not trust in the treatment of their information by the Governments The citizens understand that another must regulate the respect to their private information

38. PRIME PRIME is the same as Privacy and Identity Management for Europa. It is a very big European Project. PRIME aims to develop a working prototype of a privacy-enhancing Identity Management System. To foster market adoption, novel solutions for managing identities will be demonstrated in challenging real- world scenarios, e.g., from Internet Communication, Airline and Airport Passenger Processes, Location- Based Services and Collaborative e-Learning. The PRIME project receives research funding from the European Union's Sixth Framework Programme and the Swiss Federal Office for Education and Science.

39. PRIME : Objectives Privacy and Identity Management for Europa Design of hardware and software for new devices According to data protection and identification management rules Do the users know the personal data protection norms? Do the users accept the knowledge of their personal information by shops, businesses and firms? Do the citizens accept the ID cards? Do the citizens accept the data bases on ID Cards? Are there the same reactions in every European Union country?

40. PRIME and ISR Do the users know the personal data protection norms?

41. Knowledge on laws on data protection Govern. Dep. (comparative view)

42. Knowledge on laws on data protection priv. comp. (comparative view)

43. Partial conclusion The citizens do not know generally the laws on data protection in Govern. Dep. and priv. comp. The knowledgement is more high in Europa as in another continents: the Laws on personal data protection and the correspondent institutions exist specially in Europa from the 70 years!

44. PRIME and ISR Do the citizens accept the ID cards?

45. Acceptation of the ID Cards (comp)

46. Acceptation of the ID Cards (Spain)

47. Acceptation of the ID Cards (Brasil and Hungary)

48. Partial conclusion The citizens accept generally the use of ID cards in fast all countries Not so many in Canada and USA Many in France Many in Spain: old tradition. The electronic ID Card is introduced (by initial experiences) Many in Brazil and Hungary

49. PRIME and ISR Do the citizens accept the data bases on ID Cards?

50. Data bases on ID Cards (comp)

51. Data bases on ID Cards (Spain)

52. Partial conclusion The citizens accept the database on ID specially in Spain, Brazil and Mexico There are not so much acceptation in Canada, USA and France There are many Dk/not sure answers

53. EGOBS The fundamental objective of the Observatory EGOBS (Electronic Government Observatory) is the independent study of the characteristics of the activities of electronic Government. E Government is understood as the organizations and systems that are necessary to the Public Administrations to fulfill their obligations to citizens and companies with aid of the resources that facilitate the Information and Communication Technologies. The studies put special emphasis in the confirmation, by means of the study of concrete cases, if the activities are carried out with respect to the norms, procedures and principles picked up in the laws, included the right to the participation in these activities for citizens, companies and institutions and, especially, if it is satisfied the regulations on personal data protection and security of the electronic communications. The cases until today are Chile and Uruguay

54. EGOBS: Objectives International E-Government Observatory Carrying on independent studies from a transdisciplinary perspective Analysing how administrative services are provided to citizens, enterprises and other administrations Checking that standards, norms, procedures and legal principles are properly fulfilled Do the citizens know which kind of government is the E- Government? Do the citizens accept the use of Internet resources to rule the citizen-government relationship?

55. EGOBS and ISR Do the citizens accept the use of Internet resources to rule the citizen-government relationship?

56. Acceptation of practices of E Government

57. Acceptation of practices of E Government (with foreign Gov.)

58. Acceptation of practices of E Government (with private sector)

59. Acceptation of practices of E Government from the private sector to national gov.

60. Acceptation of practices of E Government from the private sector to foreign gov

61. Acceptation of practices of E Government from the private sector to other private sector organizations

62. Partial conclusion The citizens accept the practices of e Government made by the Government with another Gov. Institutions They do not accept the practices made by the Gov. or priv. with foreign Gov. They accept, specially, the practices of transfer of information with wrong-doing activities There are not direct questions in the questionnaire on E Government: transfer of information without security reasons

63. LEFIS: Objectives Legal Framework for the Information Society The LEFIS Thematic Network II pursues to develop, implement and consolidate a cross-national teaching and research infrastructure which adequately responds to the needs and problems raised by the information and knowledge society. This overall goal may be split into three interwoven objectives, namely: The design and development of coherent, common training and study programmes, providing for a teaching offer in IS Law and Governance (covering Law, ICT Law and related issues) which effectively matches the social needs and expectations according with the EU high education initiatives and the Tuning methodology. The development of a certification and implementation system which assures the quality, consolidation, exploitation and dissemination of those programmes. The consolidation of a research and policy-making infrastructure capable of carrying out legal, economic and social studies and regulative proposals on ICT, ICT Law and the governance of the information and knowledge society. The construction of a PKI in connexion rith ID National card initiatives How to present the ICT and law content in different countries?

64. The last meetings (2005-2006) Brussels.- Coordination. November 2005 Firenze.- General Asamblee.- February 2006 Montevideo.- EGOBS in Uruguay: April 2006 La Plata.- EGOBS in Argentina: April 2006 Oslo.- LEFIS first cycle. May 2006 Rotterdam.- LEFIS second cycle. June 2006 Malta.- LEFIS continuing education. April 2006 Budapest.- R&D&I. May 2006 Sofia.- Quality and education. June 2006 La Laguna.- Coordination. July 2006 Belem (Brasil).- Diffusion. October 2006 Beja.- General Asamblee. October 2006

65. LEFIS and ISR The need to have data on the citizens opinion on ICT and Law The need to adapt the teaching to concrete needs LEFIS promoves this kind of reseach activities, made by independent centers

66. Conclusions of the researches It is enough proved the utility of the data gathered by the Globalization International Survey Research (ISR) The results fulfill real needs in the subject of ICT and Law and specially in relation to E Government There are general knowledge by the citizens on the existence and utility of the ICTs There are significative differences between the opinions and approaches in the respective countries to the use of technical resources The reasons are not so many the digital divide as the cultural and historical differences

67. Teaching conclusions It is not enough the teaching on concepts or general ideas without reference to citizen’s information and opinion, for example: Technologies E Commerce E Government The Laws on ICT Privacy The students of Law must know, at least, to study the results of empirical researches The students of Law must know how to participate in empirical researches The teachers also, of course!