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- 2. Disruptive innovation Where electricity extended man's physical power Information technology will extend man's thinking power Nicolas Carr, 'The Big Switch' (2013) 23/10/2014
- 3. van WWW naar WWC Like a force of nature, the digital age cannot be denied or stopped Nicholas Negroponte, 'Being Digital' (1995) 33/10/2014
- 4. Dataficatie Count what is countable, measure what is measurable and what is not measurable, make measurable Galileo Galilei (1564 – 1642) 43/10/2014
- 5. Google Streetview Profilering and direct marketing 53/10/2014
- 6. Big data • Veelheid aan bronnen • De snelheid van verzameling en opslag • Het extreme volume • Echte verschil: nieuwe mogelijkheden om data te analyseren 63/10/2014
- 7. 73/10/2014
- 8. The right to identity originates from the right to free choice about who we are. With big data this right will risk turning into being told "what you are" and "what you will like Neil M. Richards and Jonathan H. King (2013) 83/10/2014
- 9. Nieuwe economische modellen Personal data is the new oil of the Internet and the new currency of the digital world Meglena Kuneva, EU Commissioner (2009) 93/10/2014
- 10. Wat is de rol van data protectie? Data is becoming a new type of raw material that's on par with capital and labour. World Economic Forum 'Personal Data: The Emergence of a New Asset Class' (2011) 103/10/2014
- 11. Waarde van data • In 2011 Facebook's total profit in 2011 was $1 billion • In 2012 at its IPO Facebook was valued at $104 billion • The difference: value of the 901 million member database Eric Siegel: value of data 1 individual: USD 1.200 Vivian Reding: net worth of data of all Europeans: EUR 315 billion 113/10/2014
- 12. Zorgen wetgever • Steeds grotere inkomenskloof • Culturele verarming • Sociale fragmentatie • Het ultieme controle apparaat 123/10/2014
- 14. The end of privacy? “People have really gotten comfortable not only sharing more information and different kinds, but more openly and with more people. That social norm is just something that has evolved over time.” - Mark Zuckerberg (2010) 143/10/2014
- 15. Onderliggende grondgedachten • Recht op morele autonomie. De vrijheid om je eigen identiteit te bepalen. • Informationele schade. Identiteitsdiefstal, creditcard fraude. • Informatie ongelijkheid. Informatie wordt gebruik voor een beslissing zonder dat de burger dat weet en daar invloed op kan uitoefenen. • Informatie onrechtvaardigheid. Informatie verzameld in de ene context wordt gebruikt in andere context. 153/10/2014
- 16. Waarom is data protectie moeilijk te reguleren? Paradox – more is less 163/10/2014
- 17. 173/10/2014 EU cookie rules US do not track rule
- 18. Gedragswetenschappen Inertia of the installed base 183/10/2014
- 19. 18.100 woorden 19.900 woorden 193/10/2014
- 20. AFM Eerst geloofden we dat meer transparantie en betere productinformatie consumenten zou beschermen tegen misbruik door financiele instellingen. We realiseren ons nu dat transparantie niet genoeg is. De consument handelt niet rationeel. Mensen lezen de verplichte financiele bijsluiter niet; die vinden ze te gecompliceerd. Dat betekent dat informatie alleen niet genoeg is. We moeten de financiele producten zelf aanpassen. 203/10/2014
- 21. Voorstel Europese Privacy Verordening 3/10/2014 21 • versterking informatie en toestemmingseisen • verbod profilering speciale categorieen data • PIA eisen • meldplicht datalekken • hogere straffen • accountability principe EU Richtlijn • doelbinding • data minimalisatie • geinformeerde toestemming US extra's Voorstel EU Verordening Voorstel EU Verordening
- 22. Waarom deze voorstellen niet werken • Doelbeperking • Data minimalisatie • Geinformeerde toestemming 223/10/2014
Hinweis der Redaktion
- Scientists agree that we are at the eve of a transformation of society of scope and impact similar to when electricity became available to allCause is:Where electricity extended man's physical powerinformation technologies are on the eve of extending man's thinking powerAnd that this will be a game changer or a disruptive innovation
- The first main change is that like electricity, information technology will become a general purpose utilityAll of us will no longer rely on data and software stored in your own computer which is then connected to World Wide Webbut you will directly tap into the World Wide Computer, with its cloud of data, software and hooked up sensorsSensors will be present everywhere in the background, detecting motion, and being able to tell where I am at any timesensors will also be embedded in objects and be able to communicate with other objects (the "internet of things") Sensors will tell my home when I am on the way, so the heating will be switched on and the food for the dog will be defrosted in timeE.g. my toothbrush will report on my dental hygiene and activate my diary to make an appointment with the dentist
- Part of this development will be that there will be many new forms of recording data, which is labelled "datafication“Car seat with 200 sensors making a digital identifyer of my backmajor difference with the past where data were a by-product of a service (companies selling products online obtain the purchase history of their customers). With datafication it is the other way around: the data will be first collected, perhaps combined with data from other sources, In order to deliver a new service
- Early example is Google streetview: data were collected first in order to provide the serviceWith the internet of things more and more data will be collected and they will be omnipresentcoined by scientists as "big data”and more importantlywe will want our data to be shared to benefit from new servicesWe will want the sensors to be able to feed our location data into the intelligence of our houses in order to have the heating turned on in timeIt will be irritating if this does not happenPrediction: Now people are shocked that they receive targeted advertising, how do they know I am interested in boats?Few years, irritation if you receive an offer for a product you do not use
- So summing up: the characteristics of big data are: variety of sources of datathe speed at which they are collected and storedsheer volumemain differentiating factor will be the new ability to analyse these vast amounts of dataFantastic new servicesVoorbeeld: waarschuwingals je auto is gestolen, en motor afslaat
- An example: Big data analytics has established that there is a correlation between having a low credit rating (having a bad payment history) and having more car accidentsWe know that there is a correlation between the two, but do not know why this is the caseBut companies and governments will act on these correlationsMay be positive: if you have a good payment history, pay less for car insuranceBut also negative: In case of a low credit rating you will pay more for car insurance Fact is: once an individual ends up in a certain bucket, difficult to get out (there is a risk of stereotyping)Anditwillalwaysbe the more vulnerablegroupsthat are at risk here (low income, patients) If I have a good job and money enough, I willjust get more benefits.
- big data predictions are often based on the analytics not of your data, but those of others. This creates the risk of you being told 'who you are' based on data of otherswill have to lead to renewed ethical considerationsmag je mensenverzekringweigeren op basis van lifestyle data of genetische data? We have laws that ban discrimination based on ethnicity, gender, sexual orientation, religion.These cannot be waived. An employee cannot give consent to his employer to discriminate him or her for being gay. Should these rights be extended to be also free from discrimination on other bases, such as genetics or lifestyle?
- OndertussenData have become the currency of the internet. Many services on the internet are free and the companies are paid out of advertising income. The more data you have of your visitors, the better you can target them not only apply to online free servicesGoogleFacebookNews sitesBut also for paid services data are keyenablerAmazon: 35% revenues are comingfromsuggestions forbooksbased on analytics of data of itsothercustomersNetflix, paid movie channelthis is even 70%
- It is no wonder the World Economic Forum considers data as a new production factor on par with labour and capitalThe question is whether data protection has here a role to play?Why would it, the data are mostly freely given, or at least with clicking blindly "ok" for accepting privacy statements. The reason why data protection has a function is because there are no other rules regulating dataThere is no property right in data, as you can only have property rights in a tangible good.Data are also not protected by intellectual property rights, like books, movies and software are protected by copyright against copyingYou can only have factual possession of data, and the one having factual possession has the power to keep the data for him or herself or to give a copy to someone elseTherefore the only law that regulates the use of personal data is data protectionThese rules rules determine whether data can be used for certain purposes and whether data can be transferred to another partyData protection thus by default has become the organising principle of the economics of the internet
- This is the reason why although Facebook's total profit in 2011 was only $ 1 billion, the company was valued at $ 104 billion at its IPO in 2012. The difference was attributable to its 901 million member database and the information in itAnd this is why the new EU Regulation on Data Protection is so heavily lobbied especially by US companies
- We see more social fragmentationThe sensitive search technology on the internet feeds our existing preferences back to us (instead of the Daily telegraph, you get a Daily Me)become easier to find like-minded people, people are supported in their existing views, insulating people from opposing points of view This leads over time to a reinforcement of our existing bias, Thisresults in loss of shared experiencesandvaluesWe further share mostlygoodnewsand are more lonely as a result
- What is de rol van data protection?Now we have people publishing everything on the internet. Does that mean privacy is dead? The statement here of the founder of Facebook is correct that people have become more comfortable in sharing their personal data but this does not necessarily mean that data protection is thus obsolete, quite the contrary!
- If you look at the underlying rationales for data protection these show they remain relevant also in the new economy. The first rationale is to protect individuals against violations of their right to shape their own identityYou may behave differently in different contextwhen with your familyFriendsSoccer clubResearch shows that this is necessary for our children to develop their identityAnd makes us more happyWithout this right, having a profile on Facebook would automatically result in one uniform profile across the internetThat is the reason why data protection rules require that Facebook:should protect their users by having as a default setting that their data are shared with their selected friends only (rather than set on 'sharing with all members of Facebook', or even: 'searchable by Google'This enables individuals to create different circles, different contextsClear that big data analytics may well lead to information inequality and information injusticeInequality: if you are refused a loan based on information on Facebook, and you do not know thisInjustice: if you are refused car insurance based on analytics of data others (the risk to stereotyping)
- So I think there is ample justification for having data protection. I will discuss 1 of the 4 paradoxes why data protection is difficult to regulateThe more information individuals are provided with and the more rights they get, the less they seem to careThe EU cookie rules are an example. They provide for extensive information and opt-in rights. But nobody reads the policies and exercises its rights.
- EU cookie rules require opt-in consent of users before companies may placing cookies on their computer all websites use cookies, often as many as 10-20which also include types of cookies that individuals do not really care as they improve the user experience on a siteBut there are also cookies most of you do care about, such as cross-site tracking cookies or profiling cookiesThese cookies follow you also when you go to a different website for advertisingStill most of you accept all cookies in one go. I know I do and I also know I do not want to be tracked. Fact is that only a few of you bother to differentiate between the different cookiesBy giving users too much information and too many rights (requiring opt-in's for all cookies), the cookie rules have become ineffective. Why is that: explained by the behavioural sciences
- Why is that?People have a strong tendency to do nothing and go along with default settings For example, a mobile phone comes with many choices for settings, from the ring tone, the background, number of rings before going to voicemailmost people go along and do not change these They are just too busy trying to cope in a complex world Situations in which people are least likely to make good choices are:information to be digested is complicated benefits now and cost will come later If choice requires more effort, the path of least resistance is chosenthe more options that are provided, the less likely people are to make a choice
- As background: The privacy policy and terms of Apple’s iTunes counts more words than Shakespare’s Macbeth It would take me 30 full working days to actually read the privacy policies of the sites I visit in a yearThis is why experts say that people need a "nudge", you have to let the default settings do their workall cookies that do not present any serious harm to individuals should be accepted by default, and an opt-in button should apply to the harmful targeting cookie onlyBut my real point is that these decisions should not be the consumers. These belong with regulators making policy decisions based on which activities are socially acceptable and which notrather than 'passing the bucket' to the individuals by granting them meaningless information and consent rights
- Again this is not new: few months ago the Dutch Financial Regulator AFM was quoted in the Dutch Financial Times
- Voorstel is: ominformatie en consent eisen teversterkenHoop overtuigddat consent voorconsumentennietaltijdbeste is: teveelkeuzes en teveelinformatie“legehulsvoorconsumenten”Bedrijven: makkelijksteoplossingAls je consent hebt: niksandersdoenAls je geentoestemming mag vragen: hoe ga je privacy beschermen?Voorstel is op gerechtvaardigdbelanggrondslaguit te breiden. Moetenbedrijven in elkefase van verzameling, verwerking en bewareneenbelangenafwegingmaken, privacy beschermendemaatregelentreffen. Blijftermisschienspecifieketoepassing over waar je dan consent voorvraagtEn soms data ooknietverwerken. Ietsanders: Doelbinding en Data minimalisatiestrokenniet met big data
- These principles are at odds with the reality of big data analytics"Purpose limitation" consists of two elements“purpose specification”: data may be collected only for specified purposes; “compatible use”: once collected data may not be further processed in a way incompatible with those original purposesData minimisationmeans that you do not collect more data than necessary for the original purpose. Informed consent means that you have to inform individuals of all purposes of data processing before you can obtain a valid consent. These concepts rely on the old idea that it is possible to decide beforehand on the purposes of a data processingAs we saw: with big data it is the other way around: the added value comes from collecting data first to uncover new correlations for new potential uses thereafterYou do therefore not know at the start what the purpose will be!Further big data requires as much data as possible, which clashes with data minimisationThese concepts therefore start from the wrong premise. Ookhierkan de grondslaggerechtvaardigdbelanguitkomstbiedenOf principes van toepassingzijnhangtaf van belangenafweging die wordtgemaakt en context wara data wordtverzameld.