TY - CHAP
T1 - Exposure and Concealment in Digitalized Public Spaces
AU - Zhao, Bo
PY - 2017
Y1 - 2017
N2 - The Dutch CBP recently decided that monitoring people in and around commercial shops by tracking their mobile phone WiFi-signal without notice for analysis is against Dutch law. The ECJ judged in František Ryneš that monitoring the footpath in public space with a surveillance camera is in general a violation of EU law. Both authorities rejected collecting and processing personal data in ‘public space’ without consent or notification, as digitalization of public space has become a global trend nowadays, resulting in escalating privacy threat of multiple forms. Based on case analysis and conceptual construction, this chapter seeks to address the scope of reasonable ‘expectation of privacy’ in digitalized public spaces. It elaborates: (a) the genera of public spaces, including commercial venues, governmental utilities, even private properties, etc., and their related characteristics; (b) the functionalities of concealment and exposure of personal information in multiple public spaces, for instance, to achieve safety, identity establishment, autonomy, dignity, mutual trust, public participation, cooperation and economic efficiency; (c) the substantial impacts brought about by the increasing digitalization of public spaces, especially regarding the functionalities of personal information concealment; and therefore (d) the justified, reasonable ‘privacy expectation’ in public spaces, and feasible thresholds for safeguard.
AB - The Dutch CBP recently decided that monitoring people in and around commercial shops by tracking their mobile phone WiFi-signal without notice for analysis is against Dutch law. The ECJ judged in František Ryneš that monitoring the footpath in public space with a surveillance camera is in general a violation of EU law. Both authorities rejected collecting and processing personal data in ‘public space’ without consent or notification, as digitalization of public space has become a global trend nowadays, resulting in escalating privacy threat of multiple forms. Based on case analysis and conceptual construction, this chapter seeks to address the scope of reasonable ‘expectation of privacy’ in digitalized public spaces. It elaborates: (a) the genera of public spaces, including commercial venues, governmental utilities, even private properties, etc., and their related characteristics; (b) the functionalities of concealment and exposure of personal information in multiple public spaces, for instance, to achieve safety, identity establishment, autonomy, dignity, mutual trust, public participation, cooperation and economic efficiency; (c) the substantial impacts brought about by the increasing digitalization of public spaces, especially regarding the functionalities of personal information concealment; and therefore (d) the justified, reasonable ‘privacy expectation’ in public spaces, and feasible thresholds for safeguard.
KW - public space
KW - privacy
KW - data protection
KW - reasonable privacy expectation
KW - concealment & exposure
M3 - Chapter
SN - 978-1-78643-539-2
T3 - Elgar Law, Technology and Society series
SP - 139
EP - 163
BT - Privacy in Public Space
A2 - Newell, B.C.
A2 - Timan, Tjerk
A2 - Koops, B-J.
PB - Edward Elgar Publishing
ER -