Anonymity

The Article 29 Data Protection Working Party (“Working Party”), the independent European advisory body on data protection and privacy, comprised of representatives of the data protection authorities of each of the EU member states, the European Data Protection Supervisor (the “EDPS”) and the European Commission, has identified a number of significant data protection challenges related to the Internet of Things. Its recent Opinion 08/2014 on the Recent Developments on the Internet of Things (the “Opinion”), adopted on September 16, 2014 provides guidance on how the EU legal framework should be applied in this context. The Opinion complements earlier guidance on apps on smart devices (see InsidePrivacy, EU Data Protection Working Party Sets Out App Privacy Recommendations, March 15, 2013).
Continue Reading Internet of Things Poses a Number of Significant Data Protection Challenges, Say EU Watchdogs

By Kristof van Quathem and Dan Cooper

On April 10, 2014, the Article 29 Working Party adopted an Opinion on anonymization techniques.  The Working Party accepts that anonymization techniques can help individuals and society reap the benefits of “open data” initiatives – initiatives intended to make various types of data more freely available – while mitigating the privacy risks of such initiatives.  Yet, the standard for anonymization proposed by the Working Party is not an easy one to meet, and the Working Party reiterates its belief that data will remain regulated personal data in the event a party – not necessarily the recipient of the data – is capable of associating it with a living individual.Continue Reading European Regulators Set Out Data Anonymization Standards

By Dan Cooper and Colin Warriner

On 10 October 2013, the European Court of Human Rights (ECHR) ruled that finding the owners of an online news portal liable for offensive comments posted by its users did not violate their right to freedom of expression.  Reactions to the ruling (which may still be appealed to the Grand Chamber of the Court) have largely focused on the fact that the ECHR cited the anonymity of the commentators as a factor in its decision; many headlines have sounded the death knell for online anonymity.  However, the impact of the decision might not be so drastic.  

Delfi AS owns one of Estonia’s largest news websites.  In January 2006, it published an article about changes to a ferry company’s route that attracted many offensive and threatening comments about the ferry owner from users of the site.  The ferry owner successfully sued Delfi for defamation, and the Estonian court awarded it 5,000 kroons (€320).  The Estonian Supreme Court dismissed Delfi’s appeal in 2009, so Delfi went to the ECHR to complain that being held liable for its readers’ comments violated its freedom of expression under Article 10 of the European Convention on Human Rights.Continue Reading European Court of Human Rights holds website liable for offensive anonymous comments

The South Korean Ministry of Public Administration and Security reiterated support this week for its plans to abolish legislation that requires Internet users on social networks to use their real names on websites.  Currently, the law requires websites with more than 100,000 visitors per day to require users to register with their real names.  In