Privacy and data protection in electronic communications

Abstract

The digitalisation of networks thus offering of new services may entail inherent risks to privacy of the user, as well as possible inhibitions on his/her freedom of communication. This paper addresses issues of privacy and fair processing of personal data in electronic communications. It focuses on the analysis of the Directive 2002/58/EC "on privacy and electronic communications". Emphasis is given on the provisions concerning traffic data and on the prohibition of the use of cookies as an expression of confidentiality and protection of anonymity. This paper further refers with the intention to introduce technology neutral rules and argues that this objective is a contradiction per se as each regulator, when setting out to regulate, still has a given, particular technology in mind. We argue that protection of privacy should be achieved through rather than despite technology. © Springer-Verlag Berlin Heidelberg 2003.