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How to prevent our privacy from being abused in the Internet Society

-- By KeisukeHayashi - 08 Oct 2020

Our privacy is exploited?

Personal data has become exploited once we give our consent to complicated terms and conditions of big data companies. They gather, profile, analyze, and use our personal data for their commercial purposes. As a result, our privacy turns out to be used in a manner which is not expected at the time when we agree with the terms and conditions. A merit of such usage is, for example, detecting improper access from places which the person improbably would not access from. On the other hand, such personal data is used for presenting excessive target advertisement to the individuals, and evaluating individual character mistakenly. It was only recently that Amazon abandoned the plan for using AI technology for recruiting. In additiojn, it is maintained that big issues are (1) profiling process is vague, and (2) it might last "existing stereotypes and social segregation." according to the "Guidelines on Automated individual decision-making and Profiling for the purpose of Regulation 2016/679"(the " Guidelines ")" adopted by European Commission on 3 October 2017 ("I Introduction Guidelines").

I am of the view that finding our way to keep good and profitable relationships with IT technology and IT companies service is essential since people cannot discard IT technology and revert to the days when they did not use computers and Internet for their private and business purpose.

What can be the countermeasure for invasion of our privacy?

Laws and regulations

To seek possible counter measure for protecting our privacy, General Data Protection Regulation (" GDPR ") is advisable to look into because GDPR is the most leading regulations in relation of personal information regulations. Under the GDPR, in principle, a natural person is able to handle processing of personal data by giving consent to the data controller (Article 6 (1) (a) GDPR). Processing means any operation or set of operations which is performed on personal data, and profiling falls within the scope of processing (Article 4 (2), (4) GDPR). What is more, profiling is prohibited in principal and permitted on prescribed exceptional conditions (Article 22 GDPR, IV C Guidelines), which is not expressly prescribed under the relevant laws of the United States and in my country, Japan.

However, requiring consent on process of personal data is not sufficient for our protection of privacy because the scope of content is often not obvious based on complicated terms and conditions of processing personal data, and it might be difficult for average person to understand them correctly. Additionally, we give our consent even though we do not totally agree on terms and conditions simply because we sometimes do not have alternatives other than the services provided by data companies.

Therefore, laws and regulations might not be adequate to protect our privacy under the current situation.

Education

Education is one of the most powerful tools for us to learn fundamental things which are necessary to our lives. We learn how to read, how to write, and how to count on the term of compulsory education at elementary school. Considering computer knowledge and technique is one of the most important things in the recent world, it is preferable to be learned at the age when children are young. Unlike the days when I was an elementary school student about twenty years ago, many children learn basic computer technique in elementary school these days. In some schools, they even learn programming skill which is, I believe, the key to protect our right to privacy.

However, to my extent of understanding, current education does not teach computer knowledge and technique from the perspective of enabling people to protect their right to privacy from data companies. Scope of education is decided by competent government and it takes time for the government to decide. In addition, data companies will oppose to such policy as will make people not use their services and decrease their sale of service, as a result of which reform of education might be delayed.

Thus, although education might be effective way to preserve our right, it might take years and even decades to reach ideal one. As securing our right to privacy is emergent, which is clearly shown by the Great Hack and the Social Dilemma, education might not meet such urgent requirement at present.

Sharing IT knowledge and technique through appropriate system and software

Today, people can share their skill and knowledge through the Internet by creating software or system which enable people to learn IT knowledge freely and easily.

People who are aware of danger of using social network service are able to create tools and device which will let other people learn how to use computers and useful internet services without being exploited unduly by commercial companies. This would be easier and faster way for us to share the knowledge with people all over the world.

However, the weakness is that some people might not able to get access to such tools for some reasons. People who have ability and motivation to learn can learn, but people who do not cannot. It might widen the gap between those who have access and those who do not.

What is a better method?

I am of the opinion that we must make all people obtain basic IT knowledge and skill at last because the right to privacy is related to individual dignity, which is the base of democracy, and the measures to protect privacy must be given to them. In this regard, compulsory education is finally necessary although there would be obstacles before reaching out to the ideal education as I mentioned above.

Considering current situation, sharing IT knowledge and technique through proper learning system and software is better way until when people finally have common understanding that such knowledge and technique should be taught to young children at school. Shared software and system for learning might be a better transient method at the moment.

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