Title: ASSESSMENT OF THE EXISTING LEGAL FRAMEWORK: OVERVIEW, EFFECTIVENESS AND LACUNAE

Introduction

Ambient Intelligence has the potential to overcome many insufficiencies of current information systems. However, it also entails serious threats to individuals and society. Ambient Intelligence promises to offer previously inconceivable levels of support for human activities by technology working imperceptibly in the background. This potentially implies ubiquitous observation and exposure of personal behaviour and habits, preferences and aversions, political affinity and emotional status. Compared to the current situation, the Ambient Intelligence vision implies a tremendous increase in the amount, quality, and accuracy of data generated and collected. As a result, AmI raises questions on the legal safeguards and protection of constitutional values for citizens.

In this chapter, we will make an assessment of the existing European legal framework relevant to AmI, focusing on privacy and data protection. We will also give an analysis of the enforceability as well as the effectiveness and lacunae of the current legislation in relation to an AmI environment.