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Privacy & Data Protection in Social Networks and Mobile services Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
Fact: Over the last years, the use of global cyber social networks and mobile services increased tremendously. Fact: People keep personal content on their mobile devices and online which allow them to interact, socially and professionally. Fact: Users allow, by accepting the EULA, software and hardware manufacturers to collect and/or trade with their private information, in return to a free use of their services. Major privacy implications need to be considered © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
Technological Advancement V’s Privacy Just in the last month 4 major privacy issues came into public awareness: © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
1. Apple (IPhone & IPad), Google (Android) and Microsoft (Windows Phone 7) keep records of their mobile devices users locations. © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
2. Sony Playstation Network – the network was hacked and 77 million users personal details including their credit cards details were exposed to the hackers © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
3. TomTom, a Netherlands based company which is marketing a GPS software for mobile devices sold to the Dutch police statistics regarding specific roads which drivers usually exceed the speed limits. The police were using this information, in order to install speed traps. © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
4. Cellebrite – the company manufacture a device which enable extraction and analysis of data including deleted and hidden data from mobile devices for law enforcement and other intelligence agencies. Allegedly, the Michigan police was using it, without a court’s order, to extract information from civilians which were pulled over for a routine driving license check © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
The right for privacy or technological progress As technology has advanced, the way in which privacy is protected and violated has changed with it. In the case of some technologies, such as online services, the increased ability to share information can lead to new ways in which privacy can be breached © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
(NO) Privacy ? Information stored in many databases worldwide. An individual has no way of knowing of or controlling all of the information about themselves that others may have access to. Such information could potentially be sold to others for profit and/or be used for purposes not known to the individual of which the information is about © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
“Microsoft reports that 75 percent of U.S. recruiters and human-resource professionals now do online research about candidates, often using information provided by search engines, social- networking sites, photo/video-sharing sites, personal web sites and blogs. They also report that 70 percent of U.S. recruiters have rejected candidates based on internet information” ** ** Rosen, Jeffrey. "The Web Means the End of Forgetting" New York Times, July 19, 2010 © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
© Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary 75 million users of Twitter Over 500 million users of Facebook 65 million users of LinkedIn. Over 100 million users of MySpace. According to NumberOf.net there are:
© Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary comScore is a company which measures the digital world and the preferred source of digital marketing intelligence According to comScore, the most active internet users in cyber social networks is Russia with 74.5% of the its total internet users, with an average time of 9.8 hours per month (!!!) of each user which uses those social networks Israel is in the 2 nd place in the world for being the most active internet users in cyber social networks. With an average of 9.2 hours per month of each user using social networks, mainly Facebook
Social Networks Services and Mobile Services allow the users to: Join to communities with similar fields of interests. Keep and share photos on the web. Get to know other users. Keep in touch with friends and family Play games with/against other users. Express political and social views. Advertise their business. Receive services and advertising personally adjusted. © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
Facebook’s founder, Mark Zuckerberg says: “The age of privacy is over.” People are sharing all personal information with other users in various web services, according to the level of privacy which they have chosen. People have 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. Privacy issues are being controlled by the users according to their preferences. According to Zuckerberg: “The Facebook system is to reflect the current social norms are.” © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
Facebook in Israel: Number of users increased from 45,000 in September 2007 to 3.3 million in October 2010. 500,000 users accessing Facebook from their mobile devices. 34% of the Facebook users are “checking in” few times a day, 22% are having the Facebook web site open in front of them most of the day and 15% of the users are “checking in” once a day. 29% of Facebook users spend at least two hours on site. 26% spend 1 hour or so, 25% spend approx 30 min. In Israel the average Facebook user gain 232 friends (were the global average user gain 130 friends) © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
Facebook and Politics Randi Zuckerberg, marketing director at Facebook said, in the DLD (Digital – Life – Design) Conference which took place in Munich earlier this year, that Facebook is interested to collect from its users information, which will assist in understanding global conflicts. Facebook wants to leverage its popularity (over 500 million users), in order to promote political and social agendas. © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
Facebook cooperates with universities and research institutions to process the data which is being stored on its servers in order to have perception on confrontations and political disputes around the globe, Just recently, in the civil revolutions which took place in the Arab orld Facebook became a major player in spreading the videos which were taken by the people on the street and their murmurings. The phenomena became so broad that the authorities of those regimes have started to “hack” into the Facebook servers and delete accounts of activists and other users which considered as a threat to the regime. © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
The main concerns in regard to the use of Social Networks Services and Mobile Services Protection of minors and personal data protection The fading boundary between private and public areas Data trade in personal information Enforcement of Privacy Laws and international cooperation. © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
COPA (Child Online Protection Act – 1998) The purpose of the Act is to prohibit online sites from knowingly making available to minors material that is "harmful to minors“ The law also created a temporary Commission to study various technological tools and methods for protecting minors from "material that is harmful to minors." United States – The legal framework © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
All privacy issues and data protection issues are being dealt within the Law and the Law’s regulations. The Law determines high administrative fines and Statutory damages. Complaint is to be filled by the data subject, competitors or by ILITA - The Israeli Law, Information and Technology Authority ISRAEL – THE LEGAL FRAMEWORK Protection of Privacy Law – 1981 (the “Law”) Basic Law - Human Dignity and Liberty The right for privacy recognized in Israel as a “Basic right” which equals to a constitutional right. The Communication Act – 1982 and the amendment to the law of 2008 Provisions for sending unauthorized messages (the Spam Act) Opt-In mechanism for subscription to marketing/advertizing material. Administrative fines and Statutory damages to the recipient. © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
12 leading privacy protection authorities established an international entity to join efforts enforcing Privacy Protection laws. The countries which are members in GPEN: Israel, USA, Canada, France, New-Zealand, Australia, Ireland, England, Italy, Netherlands, Germany and Spain. It is critical that world-wide governmental authorities will join forces to increase their abilities to cooperate to enforce privacy protection regimes. Private information and data submitted to the web is being kept on servers located in various countries. Getting prepared to the “cloud computing” services. Transferring personal data in between various countries Global Privacy Enforcement Network (GPEN) © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
Statistics: –More than 500 million active users. –Average user has 130 friends. –People spending over 700 billion minutes per month on Facebook. –There are 900 million objects that people interact with (pages, groups, events and community pages. –Average user is connected to 80 community pages, groups and events –Average user creates 90 pieces of content each month. –More than 30 billion pieces of content (web links, news stories, blog posts, notes, photo albums etc’) –More than 70 translations available on the site. –About 70% of Facebook users are outside the USA. –Entrepreneurs and developers from more than 190 countries build with Facebook platform. –People on Facebook install 20 million applications every day. –Every month, more than 250 million people engage with Facebook on external websites. –200 million users accessing Facebook from their mobile devices. © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
Facebook – the “Wall Street Journal” revealed a data protection security breach when applications manufacturers transfer personal data from the users profiles to advertizing and survey companies, including information of the users’ friends. Israel - Personal details from the voters registry was used for commercial purposes. Israel - The city hall of Ramat Gan was fined for submitting personal data of high school students to a commercial company which promote courses. Israel - Direct mailing company was caught using the population registry database for commercial purposes. Privacy Protection breaches – examples: © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
United States – The legal framework Settlements between a coalition of all US State Attorneys (except Texas) and Myspace and Facebook in 2008 included: Implementation on design and functionality changes to the site Development of education and parental tools Collaboration of Myspace in detecting criminal acts of misusing the web Development of new privacy protection standards. Managing a registry of e-mail addresses provided by parents in order to restrict their children’s access to a website. Improving the age verification process. Changes to the default privacy level settings for users under the age of 18 © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
Suggested solutions for effective data protection and privacy on Social Networks and Mobile Services Review the regulatory framework on an international level. Transparency of data handling practices. Education of the users. Personal control of the data and shared information IT policies in companies towards employees. © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
Conclusions NO PRIVACY ON THE INTERNET ! Users of Social Networks and Mobile devices/appliactions should be aware to the terms and conditions of the End User License Agreement. On the users side: all submitted data by the users can become public domain, thus, users should consider this assumption to begin with. On the Social Networks and Mobile Services side: to increase the users faith in their Privacy policies. To increase global cooperation enforcing privacy acts and data protection policies. © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
THANK YOU © Copyright Naomi Assia & Co. – Law Offices, Patent Attorney’s and Notary
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