Resources
- Identity Use Cases & Scenarios.
- FIDIS Deliverables.
- Identity of Identity.
- Interoperability.
- Profiling.
- D7.2: Descriptive analysis and inventory of profiling practices.
- D7.3: Report on Actual and Possible Profiling Techniques in the Field of Ambient Intelligence.
- D7.4: Implications of profiling practices on democracy.
- D7.6 Workshop on AmI, Profiling and RFID.
- D7.7: RFID, Profiling, and AmI.
- D7.8: Workshop on Ambient Law.
- D7.9: A Vision of Ambient Law.
- D7.10: Multidisciplinary literature selection, with Wiki discussion forum on Profiling, AmI, RFID, Biometrics and Identity.
- D7.11: Kick-off Workshop on biometric behavioural profiling and Transparency Enhancing Technologies.
- Forensic Implications.
- HighTechID.
- Privacy and legal-social content.
- Mobility and Identity.
- Other.
- IDIS Journal.
- FIDIS Interactive.
- Press & Events.
- In-House Journal.
- Booklets
- Identity in a Networked World.
- Identity R/Evolution.
D7.4: Implications of profiling practices on democracy
Table Of Content
- Introduction
- Privacy and Data Protection in a Democratic Constitutional State
- The democratic constitutional state: three fundamental and generic principles
- The recognition of human rights in their double (negative and positive) function
- The rule of law
- People’s sovereignty and democracy
- The democratic constitutional state and the invention of two complementary legal tools of power control: opacity of the individual and transparency of power
- Opacity tools: opacity of the individuals and limits to the reach of power
- Transparency tools: channelling power and making power transparent and accountable
- Distinguishing both: a different default position (The example of Articles 7 & 8 EU-Charter of Human Rights)
- The default positions: privacy as an opacity tool and data protection as a transparency tool
- Privacy as an opacity tool. Default position: prohibitive protection of autonomy against (excessive) steering
- Data protection as a transparency tool. Default position: regulation of the processing of personal data
- Combining the tools
- The existing legal framework of privacy and data protection
- Correlatable humans, profiling and data protection.
- Profiling and the identity of European citizens
- A changing landscape for democracy and the rule of law
- Europe’s Constitutional Democracy
- Some historical roots of the rule of law
- Centrality of the human and the legal person: positive and negative freedom
- Privacy and Data Protection
- Tools of transparency and tools of opacity
- Privacy
- Legal protection of privacy
- Identity, the human person and the legal person
- Data Protection
- What should Data Protection regulations protect?
- Introduction: who is made transparent?
- Autonomy
- Security
- Privacy
- Equality and fairness
- (How) can Data Protection be effective?
- Reply James Backhouse (LSE):
- Reply Martin Meints (ICPP):
- Introduction
- Profiling and data protection law
- Examples and scenarios of the application of current data protection legislation
- Current profiling in the public sector
- Conclusion
- Reply Angelos Yannopoulos:
- Introductory remarks – perspective of this reply
- Playing the ever more dangerous game of societal evolution
- Transparency at the level of government and corporation: joke, yoke, hoax or hope? And ambient intelligence?
- Reply Bert-Jaap Koops
- Just what is it that makes today’s profiling so different, so repelling?
- The effect of profiling on fundamental legal principles
- Privacy is dead (Requiescat in pace)
- The effect of profiling on the rule of law
- Counter-profiling by ‘weak’ parties
- Conclusions
- Introduction
- Hildebrandt, Gutwirth & De Hert: what is at stake?
- The imbroglio of technology and its social context
- Profiling as anticipation
- Exploration of what is often taken for granted: constitutional democracy
- Data protection legislation: solution or dummy?
- James Backhouse: a new social contract
- Martin Meints: new concept of implicit consent
- Angelos Yannopoulos: transparency for corporations and government, opacity for human beings
- Bert-Jaap Koops: human decency and counter profiling
- Bibliography