Resources
Identity Use Cases & Scenarios.- FIDIS Deliverables.
- Identity of Identity.
- Interoperability.
- Profiling.
- Forensic Implications.
- HighTechID.
- Privacy and legal-social content.
- Mobility and Identity.
- D11.1: Mobility and Identity.
- D11.2: Mobility and LBS.
- D11.3: Economic aspects of mobility and identity.
- D11.4: Workshop on Mobility and Identity.
- D11.5: The legal framework for location-based services in Europe.
- D11.12: Mobile Marketing in the Perspective of Identity, Privacy and Transparency.
- Other.
- IDIS Journal.
- FIDIS Interactive.
- Press & Events.
- In-House Journal.
- Booklets
- Identity in a Networked World.
- Identity R/Evolution.
D11.6: Survey on Mobile Identity
The deliverable in hand provides the results of an explorative survey on the
control model for identity related data in location-based services (LBS)
presented in FIDIS deliverable D11.2.
The survey was performed to explore the influence of LBS characteristics (pull
vs. push based, indirect vs. direct profile creation) on the perceived amount of
control participants have about the disclosure of their identity.
Four scenarios, each reflected a different aspect of the control model, have been
designed and tested.
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The legal framework for LBS in Europe CONCLUSION |
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Conclusion
From our discussion of the various Directives and legal provision pertaining to personal data, traffic data, and location data, it becomes clear that the current legal framework regarding the processing of these data is very complex. The main difficulty with the European legal framework lies with the legal definitions and qualification of different groups of data, the overlap that exists between these groups, and the different legal regimes applicable to the different groups of data. The rules regarding the processing of personal data (Directive 95/46/EC) are complemented with rules regarding location data and traffic data as laid down in Directive 2002/58/EC. This leaves room for all kinds of combinations between personal, location, and traffic data, and the different directives lay down different regimes for all these combinations. In conclusion, it is fair to say that a very complex legal framework for the processing of personal, location and traffic data has been created.
This makes it relevant to look at the implementation of this legal framework in various national legislations. Such a complex framework with not always clear-cut definitions is difficult to implement straightforwardly, and hence, it can be imagined that national legal frameworks differ to a certain extent in their implementations. Also, the interpretation of the various definitions and provisions may differ from country to country, when it comes to applying these to the various technologies and systems used for LBS as outlined in Chapter 3.
In the following chapters, we will study various LBS applications and the national legal framework of four EU countries, in order to compare the implementation and interpretation of the European legal framework in the national legal frameworks of these countries.
5 Location Information from a Belgian Perspective
Fanny Coudert & Eleni Kosta (ICRI)
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