1. Public Sector Information & Data Protection: A plea for personal privacy settings for the re-use of PSI
Bart van der Sloot
Institute for Information Law
University of Amsterdam

2. PSI & DP
PSI-Directive Recital (21): “This Directive should be implemented and applied in full compliance with the principles relating to the protection of personal data in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and of the free movement of such data.”
Article 1, §4: “This Directive leaves intact and in no way affects the level of protection of individuals with regard to the processing of personal data under the provisions of Community and national law, and in particular does not alter the obligations and rights set out in Directive 95/46/EC.”
And Article 2, §5: “‘personal data’ means data as defined in Article 2(a) of Directive 95/46/EC.”

3. Personal data
any information: objective or subjective; the form is irrelevant
relating to: content, purpose or effect.
an identified or identifiable: reasonable possible by anyone that has access to the information. Either direct identifiable or indirect identifiable data might qualify. "the man wearing a black suit"
natural person

4. Fairly and Lawfully
personal data must be collected for specified, explicit and legitimate purposes
Consent,
Legal/public obligations
Balance
not further processed if incompatible with original purposes
Not the case when re-used in commercial interests.
adequate, relevant and not excessive
kept no longer than is necessary
Security and confidentially

5. Information & Rights Information about the identity of the controller
About purposes of the processing;
About the categories of data concerned;
About the recipients or categories of recipients;
About the existence of the rights.
Right of access & information
Right of rectification, erasure or blocking
Right of notification to third parties to whom the data have been disclosed of any rectification, erasure or blocking unless disproportionate.
Right to object, especially in case of grounds of public interest and third party interest.

6. Solution (1) Radical solutions
Prohibit re-use of PSI
Good for Data Protection and Privacy
But would leave economical potential unused.
Deny Data Protection rights
Good for economical interests/profit and re-use of PSI in general
But would be catastrophic for privacy and data protection of citizens

7. Solution (2) Anonymization
Would if successfully deployed
Leave privacy and data protection in tact
Preserve the economical potential
Almost impossible: the scope of the concept of personal data is all-encompassing
Even if successful: ‘Data can be either useful or perfectly anonymous but never both.’

8. Solution (3) Personal Privacy Settings
Consent is any freely given specific and informed, explicit indication of ones wish.
Informed consent: specifying/identifying categories:
Kind of data: direct-indirect, ordinary-sensitive
Purposes: commercial-non-commercial
Parties: citizens, states, companies
Countries: country of origin, Europe, outside
Free consent:
Opt-in
Money: lump sum or share of the profit