Law Questions regarding the Future of Privacy

<< back to 'Questions Regarding the Future of Privacy in 2015'

Questions

1. What laws are in place to control privacy? (Robert)
   

   Well as for the Netherlands, we have to disappoint a lot of people. There is not a law for privacy. 
   
   We can divide the general laws regarding privacy in three topics:
   Spatial privacy – the right for an own physical space
   Relational privacy – the right to communicate with persons of your own choice and the secrecy of these communications. 
   Informational privacy – the right to have private personal information. 
   
   Some particular topics are protected in the constitution or other laws like e.g. the Law Protection Personal Data (WBP), Law municipal population registers (GBA). 
   Although these laws are helping the civilians there are, off course,  also laws that are in favor of the government services like the Telecommunication law, General 
   Law on entering, Law report uncommon operations(MOT). These type of laws are only to be used in exceptions but are also protecting the privacy of civilians. [1]
   
   For other countries it is slightly different. The United States of America does have some kind of law regarding privacy [2]. But privacy is not explicitly mentioned 
   in the constitution of the USA. The UK is, since 1997, heavily busy with changing there laws to be aware of privacy. Also regarding these changes, the European Union 
   has also some rules/laws acting as guidelines for their members. These guidelines are up to now referring to the protection of personal data. 
   
   If we take the 36 most mentioned countries in the world, some do not have any privacy laws but they are doing better than the ones that have these laws. According 
   to an article from the Daily Telegraph, November 2, 2006 the UK is the worst country in the ability to protect their privacy[3]. 

2. Is it possible to change privacy laws / legislation? (technological, political / research etc) (Robert)
3. What are the latest developments in privacy laws ? (Folkert)
4. How are recent changes in privacy laws influenced / caused by new technologies. (Folkert)
5. How often do privacy infringements take place? (Folkert)

References

[1] J. Terstegge, 2001, http://home.planet.nl/~privacy1/faq_nl.htm#2

[2] R.B. Standler, 1997, Privacy Law in the USA, http://www.rbs2.com/privacy.htm

[3] Privacy International, 2007, http://www.privacyinternational.org/article.shtml?cmd[347]=x-347-545269&als[theme]=Privacy%20and%20Human%20Rights