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f) processed in such a way as to ensure adequate security of personal data, including
protection against unauthorized or illicit treatment and against loss, destruction or
accidental damage, through the application of appropriate technical or organizational
measures ("integrity and confidentiality »).
On the other hand access to data -public and private- of the citizen in an environment of
public and private agents for commercial or non-commercial purposes, in the context of
the so-called internet of things, with the volume, variety and speed in the management
thereof, can hardly rely on the consent of the affected. It is a task practically impossible
in practice.
It is true that this consent will not be precise when the personal data are collected for
the exercise of the functions of the Public Administrations within the scope of their
powers; however, it is no less true that (1) sometimes, private agents access those data;
(2) that - in spite of all the precautions of anonymization of the data - to date there are
formulas to deanonymize the encrypted data, referencing behaviors and attitudes to
perfectly identified individuals; and (3) that the communication of data to a third party
does require consent unless it is authorized by law.
To this day, positive law is being built on the basis of the community regulation of
conventional data and the consent technique. Not in vain the Working Group of Article
29 on Data Protection in its Opinion 6/2013 recalls that access and reuse of personal
data that have been made available to the public are still subject to data protection
legislation. On the other hand, Regulation (EU) 2016/679, of the European Parliament
and of the Council, of April 27, 2016, concerning the protection of natural persons with
regard to the processing of personal data and the free circulation of these data (General
Data Protection Regulation), is still committed to this approach and its innovations in
data control are mainly focused on the right to be forgotten and the right to privacy
[15].
In our opinion, the principle of Open Administration must be rethought, valuing the
undoubted advantages of access to data and its reuse, but being aware that it is not
feasible to subject it to the consent of the affected party. It is necessary to radically
rethink the model of data transfer in a new environment, which is the same as macro
data, because otherwise access to data and its reuse run the risk of becoming a purely
programmatic statement.
It doesn’t make sense that the Regulation (EU) 2016/679 contemplates in Chapter III
the rights of the interested party, specially the information that must be given to the
owner of the data (articles 13 and 14), when in practice this is never done.
A formula of administrative control in order to avoid abuses could be, in the context of
administrative police activity, to include in a standard the obligation of the operator to
stop any transmission or use of data in which the owner expresses his contrary will,
followed of an infringing type with an exemplary sanction.
F.J.BauzáMartorell /
IntelligenceTourismandPublicAdministration202
Intelligent Environments 2019
Workshop Proceedings of the 15th International Conference on Intelligent Environments
- Title
- Intelligent Environments 2019
- Subtitle
- Workshop Proceedings of the 15th International Conference on Intelligent Environments
- Authors
- Andrés Muñoz
- Sofia Ouhbi
- Wolfgang Minker
- Loubna Echabbi
- Miguel Navarro-CĂa
- Publisher
- IOS Press BV
- Date
- 2019
- Language
- German
- License
- CC BY-NC 4.0
- ISBN
- 978-1-61499-983-6
- Size
- 16.0 x 24.0 cm
- Pages
- 416
- Category
- Tagungsbände