Editorial Director: Giusella Finocchiaro
Web Content Manager: Giulia Giapponesi

posted by admin on ottobre 14, 2011

Anonymity

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We’d like to present here an interview with Giusella Finocchiaro on The Dilemmas of Anonymity and Anonymous Data in the Digital Economy. The interview has been published by Nymity news on the section “Interviews with Expert”.

The dilemma is if anonymity and anonymous data exist in the present technological environment or if technology renders anonymity and anonymous data impossible.

The fundamental question is the very definition of anonymity and of anonymous data.

The concept of anonymity has gained particular importance in relation to the application of the European legislation on personal data protection. This regulation is constituted by the Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data and by the Directive 2002/58/EC on privacy and electronic communications. The only data which are not “personal data” and therefore are outside the field of the application of the two directives are “anonymous data”…

Read more on: Nimity News

The deadline for adopting and publishing Directive 2009/136/EC is 25 May 2011. This Directive, inter alia, amends Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector, the so-called e-privacy Directive.

The three major changes are the following:

1) Security Breach Notification

According to this principle, the provider of publicly available electronic communication services shall immediately notify violations to the competent national authority as well as directly to subscribers and other persons concerned. The notification must also indicate the measures recommended to mitigate the damage.

2) Cookies

In brief, consent will be needed in order to install cookies on users’ computers.

3) Unsolicited commercial communications

Prior subscriber consent is required in case of unsolicited commercial communication. In any event, if national legislation, as is now the case in Italy, in some cases permits the sending of commercial communications according to the opt-out system, which allows subscribers to express rejection, the Directive provides that Member States shall in any case use appropriate measures to ensure adequate protection.

 

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