Phenomena such as cloud computing, but also ambient technology, chain informatization, and social networking sites put into question the continuing applicability and relevance of existing legal frameworks, in particular the European Data Protection Directive (henceforth the DPD or the Directive), which dates back to 1995. Its framework of assigning roles of controller and processor appears to stand up no longer. It can be argued that it does not help any more in assigning responsibility for the processing of personal data. By a strict application of the DPD, the data subject can even be construed as playing the role of controller. Not only does the functioning of the principles of the roles need a reconsideration, but other essential principles, such as that of purpose-binding, require it, as well. For example, because data, which in a social networking context are disclosed to friends, are also used for targeted advertising and tailoring services, etc., the purpose-binding called for by the DPD becomes, at the very least, opaque. Furthermore, assigning responsibility to the actual processor in charge is just as unclear. Therefore, these current phenomena make clear that the conceptual foundations of the legislative frameworks, which purport to facilitate and protect privacy, require reflection.
Der Beitrag liefert einen Überblick über die konzeptionellen, historischen, soziologischen und technischen Implikationen einer Politik der Identifizierungsnummern zwischen funktionalen Verwendungsinteressen einerseits und dem Datenschutz andererseits. Der Beitrag prognostiziert unterschiedliche Identifikatoren für verschiedene Verwendungszwecke, die interoperabel sein können, aber auch gleichzeitig eine Steuerung durch den Nutzer ermöglichen.
AbstractThe objective of this article is to present a view on the sensible use of the identification numbers, especially in the public domain. The question of whether proper use can be achieved by a single global identifier or multiple identifiers will be answered.In the report on which this article is based, several FIDIS partners investigated different aspects of ID numbers, such as the history of the use of identification documents, the legal framework, the sociological theoretical aspects and the possible use of ID numbers in the technique of profiling. Thus the investigations presented in the report provided a sound basis for determining the risks and opportunities in using ID numbers, especially in the area of e-government.From a European point of view the choices made of using either a single global identifier or multiple identities, are illustrated. The report shows how the ID number can be put to good use while at the same time not unduly harming the privacy interests of the individual.
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