Data retention is always a sensitive issue; what is retained, for how long, under what conditions, and who can access the data? Recently, Ireland’s Memorandum of Understanding (MoU) between the government and telecommunications providers was leaked, providing members of the public with a non-redacted view of what these MoU’s look like and how they integrate with the European data retention directive. In this post, I want to give a quick primer on the EU data retention directive, identify some key elements of Ireland’s MoU and the Article 29 Data Protection Working Group’s evaluation of the directive more generally. Finally, I’ll offer a few comments concerning data protection versus privacy protection and use the EU data protection directive as an example. The aim of this post is to identify a few deficiencies in both data retention and data protection laws and argue that privacy advocates and government officials to defend privacy first, approaching data protection as a tool rather than an end-in-itself.
A Quick Primer on EU Data Retention
In Europe, Directive 2006/24/EC (the Data Retention Directive, or DRD) required member-nations to pass legislation mandating retention of particular telecommunications data. Law enforcement sees retained data as useful for public safety reasons. A community-level effort was required to facilitate harmonized data retention; differences in members’ national laws meant that the EU was unlikely to have broadly compatible cross-national retention standards. As we will see, this concern remains well after the Directive’s passage. Continue reading
Viktor Mayer-Schonberger’s new book Delete: The Virtue of Forgetting in the Digital Age (2009) is a powerful effort to rethink basic principles of computing that threaten humanity’s epistemological nature. In essence, he tries get impress upon us the importance of adding ‘forgetfulness’ to digital data collection process. The book is masterfully presented. It draws what are arguably correct theoretical conclusions (we need to get a lot better at deleting data to avoid significant normative, political, and social harms) while drawing absolutely devastatingly incorrect technological solutions (key: legislating ‘forgetting’ into all data formats and OSes). In what follows, I sketch the aim of the book, some highlights, and why the proposed technological solutions are dead wrong.
The book is concerned with digital systems defaulting to store data ad infinitum (barring ‘loss’ of data on account of shifting proprietary standards). The ‘demise of forgetting’ in the digital era is accompanied by significant consequences: positively, externalizing memory to digital systems preserves information for future generations and facilitates ease of recalls through search. Negatively, digital externalizations dramatically shift balances of power and obviate temporal distances. These latter points will become the focus of the text, with Mayer-Schonberger arguing that defaulting computer systems to either delete or degrade data over time can rebalance the challenges facing temporal obviations that presently accompany digitization processes. Continue reading
I like to pretend that I’m somewhat web savvy, and that I can generally guess where links on large websites will take me. This apparently isn’t the case with Blogger – I have a Blogger account to occasionally comment on blogs in the Google blogsphere, but despise the service enough that I don’t use the service. I do, however, have an interest in Google’s newly released Dashboard that is intended to show users what Google knows about them, and how their privacy settings are configured.
Given that I don’t use Blogger much, I was amazed and pleased to see that there was a link to the Dashboard in the upper-right hand corner of a Blogger page that I was reading when I logged in. Was this really the moment where Google made it easy for end-users to identify their privacy settings?
Alas, no. If I were a regular Blogger user I probably would have known better. What I was sent to when I clicked ‘Dashboard’ was my user dashboard for the blogger service itself. This seems to be a branding issue; I had (foolishly!) assumed that various Google environments that serve very different purposes would be labeled differently. In naming multiple things ‘dashboard’ it obfuscates access to a genuinely helpful service that Google is now providing. (I’ll note that a search for ‘Google Dashboard’ also calls up the App Status Dashboard, and that Google Apps also has a ‘Dashboard’ tab!)