Smart devices are now a fact of life – they touch almost every part of our existence. Yet smart home devices have now further eroded our right to privacy. In this article we take a look at just how these devices have reduced our ability to resist an invasion of privacy - and just why we need to be aware of how that elusive goal of privacy is becoming even more difficult to attain.
Data Privacy
Technological development has always outpaced privacy concerns, but never more so than in the past decade. Collection and centralization of personally identifiable information (PII), tracking of movements and digital surveillance are all at unprecedented levels. Regulations and laws are only just beginning to catch up to the ability of both governments and private entities to deploy these capabilities.
What exactly is there to worry about? The mass collection and centralization of data by giant multinationals such as Facebook and Google is as good of a place to start as any. Two decades of vacuuming up the personal data of users of various online services has created the most impressive marketing capabilities in history, but these profiles have astounding potential for damage when they are used the wrong way or fall into the wrong hands.
Unauthorized information that is captured in data breaches tends to find its way to massive “combo lists” that are sold and traded on the dark web. Social security numbers are added from this breach, home addresses and phone numbers from that one, personal health information from yet another. Soon, a frighteningly complete profile of millions of individuals is available to anyone willing to pay the asking price.
These are just the established data privacy issues. The emerging ones are even worse. High-quality facial recognition technology is just beginning to roll out across the public places of some countries. Artificial intelligence is not only making mass facial recognition possible, but magnifies the power and reach of any application that involves capturing and sorting information: scanning pictures, analyzing speech, sifting through text and location data. This threatens to not only shatter anonymity and privacy, but allow for highly advanced impersonation and take the concept of “identity theft” to new levels.
Some businesses chafe at the trouble and added expense of new and emerging data privacy regulations, but they are vital to both protecting rights and privacy and instilling confidence in end users. Customers want to be able to submit their payment information without worry about data breaches and identity theft, use services without wondering what is being done with their personal information and use devices without fear of surveillance or having location data tracked. The need for meaningful safeguards only grows greater as technological capabilities increase.
A customer filed a privacy infringement claim on Bose, claiming that the Bose Connect app is quietly gathering data on his listening habits and onselling that information a data mining company.
This article is based on a presentation made during the Data Privacy Asia 2016 conference held on 9-11 November 2016. Author Karen Ngan is a commercial law partner at Simpson Grierson (New Zealand) . She co–heads the firm's information and communications technology group and its data protection and privacy group. In this article she discusses some of the challenges with dealing with 21st century privacy issues under a Privacy Act that is over 20 years old. She also covers some of the measures or practices that have been taken to address some of these challenges.
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Apple may just have found the solution to counter Google by focusing on Apple's privacy commitment to their customers, especially in online advertising.
A key concept of many privacy laws is the definition of “personal data”, “personal information” or “personally identifiable information”. If it’s not “personal data”, you are likely outside of the scope of data protection laws, however that is a line in the sand which is constantly moving – in this article David Fraser of McInnes Cooper in Canada examines what that constantly shifting line means for privacy, and the individual.
In this article, Mary Thel Mundin examines the recently implemented rules and regulations of the Data Privacy Act of the Philippines (RA 10173) and the implications for organisations that handle personal data both within the borders of the Philippines and those who handle personal data and have links to the Philippines.










