The appearance of the Informatique changed the nature of the problems arising from the concept of Private life. If the computerization of the data were generally regarded as a progress, it was sometimes accompanied by fear, even by phantasms nourished by Big Brother or the Panoptique, about the possibility for others or an instituted capacity, all to know of an individual.
En data-processing, even if the two concepts are not foreign one with the other, the protection of the private life poses problems distinct from safety.
to see the principal article Private life
Key principles
The defenders of the private life wanted:- to avoid being made challenge (by telephone, mail, email,…)
- to choose which conclusions can be made on them , with an aim of equality: if you are misled near your director, you want nevertheless to be able to find an employment.
- to choose which holds information on them .
- In the long run, Europeans often take the example of totalitarianism: it would not be necessary that in the event of installation of an authoritative government, one can have access to information of segregation .
These requests were sometimes received:
- One prevents when personal data by means of computer are treated, and one announces for which use one uses them.
- According to the countries, there is a right of access and of modification .
- According to the countries, the refusal which one uses the personal data with an aim of commercial request should not attack the access to the initial service. Thus equal treatment of the people.
- the right to the lapse of memory develops.
- Each person can have different preferences according to the case. Some agree to be solicited, others refuse, and all depends on the context.
As follows:
- the personal data are, for the moment:
- either the juxtaposition of the name/first name + a personal data (definition in the United States)
- or of the data allowing to identify the person with almost sure blow: its address IP, its login, or any type of address (email, postal, telephone, etc).
- the defenders of the private life establish a distinction between owner of the data and agent. One can translate it in another way: my data are an extension of myself , therefore when they are touched, I want to realize some. It would be of this principle that would rise the right of access and of modification. An idea in this direction would be that any person can subscribe to a organization of management of my data which would make it possible to pay to him which has information on him, which are information, for which uses they are intended, and who would allow him to correct them, to modify, to remove when of right.
- Certains directed standards users propose these two principles: note & authorizes (" notification and consentement"), but these two only functions testify that in fact, in this field, it is the software which dictates what the citizen can require, and not the opposite. If not the standards would speak about " note, agrees, auditing off accesses, access and update" .
Traces on Internet
What one calls thus, in fact the files are recorded on the computer of a user, generally without his knowledge, when it sails on Internet: cookies, history, mask, forms, downloaded files, temporary Files Internet… of the software like Firefox or CCleaner or Steganos Internet Anonym makes it possible to erase these traces easily.
Legislation
Since the Seventies, the majority of the industrialized countries obtained laws against the violation of the private life.
The OECD was the main actor, it is him which provided the great principles which were to be followed by all the Member States. The Anglo-Saxon countries rather adopted autorégulées positions by the market, often organized by branches of activity.
- the USA:
- the law
See too
External bond
-
ViePrivee.com, respect and protection of the private life
- Site of the Data-processing Federation and Freedoms
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