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Analysis of the legal framework  Title:
 Assessment of PETs and TETs: overview, effectiveness and lacunae



The analysis of the European legal framework on data protection aimed at illustrating the main principles that apply in an AmI environment and to discuss the lacunae in legal protection that can arise. Taking into account the fact that the general Data Protection Directive was adopted in 1995, it can easily be explained why some of the most important principles on which current privacy protection is based contradict the vision of Ambient Intelligence – an AmI world was simply not thought of when the data-protection framework was conceived. However, as has been clearly illustrated, even the provisions of the more recent ePrivacy Directive do not manage to keep up with the technological developments: it is not always easy to determine whether a service is an electronic-communications service or an information-society service in order to identify which legal provisions apply, and there is no clear justification why the specific provisions of the ePrivacy Directive on location-based services only apply when the service is offered via a publicly available electronic communications network and not via a private network.

The data-protection legislation aims at the protection of individuals against the unjustified processing of personal data. The existing legislation imposes quite severe restrictions on the processing of personal data, based mainly on a model where there is a direct – be it on-line or off-line – contact between the controller and the individual in question. This is an outdated paradigm in light of the vision of Ambient Intelligence. Therefore, careful reflection is required on the interaction between the legal obligations in the current legislative framework  and the development of new emerging technologies and AmI applications. Neither should be allowed to completely overrule the other.



Analysis of the legal framework  fidis-wp7-d7.9_A_Vision_of_Ambient_Law.sxw  Assessment of PETs and TETs: overview, effectiveness and lacunae
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