Street Photography, Right to be Alone and the Challenge of the Reasonable Privacy Expectation

Question: what does ? street-photography has in common with Google’s indictment in the Mosley suit?

Answer: both challenge the balance between reasonable privacy expectation and the right to be informed.

There is a widespread attitude acknowledged by some European courts – namely, Italy and France – that grants legal protection to this alleged “right to be forgotten”. This is a rather dangerous attitude because following this path leads to the deletion of the collective memory of a culture: if Catilina were alive today, he would have had merit in asking his conspiracy to be deleted by the chronicle. Agreed, not everybody is a Catilina – or a public person whatsoever – but there is a shared principle in Western legal systems that separates what is public and what ought to be private. As soon as something falls in the former, there is not – or ? there shouldn’t be – a reason to delete the information of its existence.

To provide an example of the absurdity of the enforcement of this alleged “right to be forgotten” on the freedom of (online) press I can quote a fact I’ve witnessed in person, professionaly. An online magazine has been targeted by a threatening letter from a law firm, asking to remove from its server an article talking about an acquittal – yes, acquittal – of a Mr. Somebody. The basis of the claim is not a falsity or an exaggeration – that would have been illegal, indeed – but the simple fact that this Mr. Somebody “didn’t like the news to be online.” Only the future will tell whether this case will end in settling new censorship’s standards, or if the Justice – once and if the issue will be taken in Court – will decide in favour of the freedom.

As per the relevant case law, after a couple of lower court decision that enforced this “right to be forgotten”, a Supreme Court decision ruled that there is no such thing as “right to be forgotten” when freedom of press is involved and the news is correct. The concerned person, nevertheless, has the right to ask the online newspaper to update the original news in case of some further development of the story.

With a rather unusual sense of balancement – when dealing with the Internet – the Supreme Court issued a reasonable decision that should stop any further attempt of erasing the History.

 

The freedom of being a stone-age man or I don’t want to live “smart”

One of the most revealing books I’ve read (that I translated into Italian for local publisher) is Alan Cooper‘s The Inmates are Running the Asylum. Is a book about programming and the fact that core decisions come from a bunch of geeks working down below the basement of the company’s building, while marketing and PR guys occupy the fancy upper floors (have you seen the British sit-com “The IT Crowd“?) Continue reading “The freedom of being a stone-age man or I don’t want to live “smart””

Computer search and seizure. An odd law is coming…

The Italian center-left wing has proposed a bill (currently passed in Senate, and now to be examined in the other chamber) that allows the law enforcement to obtain the use of computer seized during computer-crime related investigation, early before the final judgement comes to an end.

The “idea” backing the proposal (that will likely become a full-force law in a few time) is that there is no harm for the defendant if the police uses his computer waiting for the trial. At the end of the day, if the defendant will be acquitted – says the accompaining text to the draft law – he will get his computer back, and will start using it as if nothing happened. The reason for this law – this is clearly stated – is to give the brand new computers used for criminal purposes to the law enforcement agencies that still use old and crappy technology at no cost.

This is the very same approach adopted for houses and vehicles used by drug dealers and mafia mobs so in principle there shouldn’t be a particular concern for this new law.

Personally I disagree from this statement, since a computer is something different than a car or some other premises. It stores information often unrelated to the investigated crime, and/or information related to innocent third parties.

Why should these people be exposed to a mass infringement of their personal life?

Amazon.it to infringe Italian data protection law?

I’m an old Amazon.com customer and I’m very happy that the Company finally landed in Italy.
It is odd, nevertheless, that Amazon.it’s data protection policy (informativa sul trattamento dei dati personali) is not fully compliance with the Italian Data Protection Code, since mandatory information are missed:
– the identity of the data controller (responsabile del trattamento)
– how long will Amazon handle the personal data
– what will happen when the data handling is no more necessary
– the rights belonging to the data subject (diritti dell’interessato) under sect. 7-13 of the Italian Data Protection Code
Further more Amazon.it’s privacy procedure fails to collect the explicit consent of the data subject for the data processing and didn’t collect the specific consent to handle the sensitive data (those related to customers who purchase political, philosophical, and/or healt-related books.)
This situation, then, poses an interesting question: is Amazon.it actually infringing its customer personal privacy rights?
Strictly speaking, the answer is yes because the law has been breached. Nevertheless I’ll keep purchasing books through Amazon services since I feel more protected by Amazon ethical commitment than by a bunch of legal lingo.
Fact is that bureaucracy asks for its lamb to be sacrificed.
🙂