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background of the author. We also noticed that the concept of privacy has evolved throughout history to match the rising worries following the technological evolution. Today, with the democratization of internet and social medias we are probably standing at a the corner stone of a new denition of privacy. To begin, we have selected tree denitions of privacy and we will try to extract and understand the underlying characteristics of this notion. The aim here is to get a sense for what privacy is and the scope it covers. The rst one is dated 1967 and is given by Alan F. Westin a law Scholar and pioneer in the eld of privacy and data protection in the USA. Privacy may be dened as the claim of individuals, groups or institutions to determine when, how and to what extent information about them is communicated to others5. What we learn here is that privacy is considered as the claim to determine or in other words, the request to decide what information is disclosed. We are talking about a proactive action from the individuals, groups or institutions regarding their private information. Now let us look at what Wikipedia says about privacy. Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively.6 This is a contemporary denition of the subject referring to the ability to seclude oneself or facts about oneself. The distinction to Westins statement is in the way we treat information disclosure, we do not only want to control it, but to clearly keep it partially away from other people. In our opinion this shows a shift in perception on privacy. Now let us look at a last one to see if we can learn something more on the topic. Privacy International, the leading NGO in the eld of privacy and data protection, denes it more directly as: Privacy is the right to control who knows what about you, and under what conditions....7 What should grab our attention here is the notion of context - under what conditions. Besides the right for information control, the conditions under which they are disclosed are highlighted. Interpreting this, we could say that the context in which information is disclosed has a relevance and this is an addition to the earlier denitions. Without going further into denition analysis, we should now be able to grasp the dominant notions behind privacy - selective and contextual information disclosure hence personal and private data. So far, one question has not been answered: is privacy a right? In fact there is not a right to privacy in the legal sense of the word 8, but it is a human value that can be protected through specic laws such as the law of data protection for example. Going a little deeper
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Westin AF, Privacy and Freedom New York: Atheneum, 1967, page 7 http://en.wikipedia.org/wiki/Privacy 7 https://www.privacyinternational.org/ 8 http://www.privacilla.org/fundamentals/privacyright.html
here, we should mention that the UN Declaration of Human Rights9 grants every human the right to privacy protection yet its recognition by law may vary between countries. For example, in the United States, the Supreme Court has legally recognized the right to privacy as a fundamental right despite the fact it is not explicitly stated in the Constitution. In Switzerland on the other hand, the right to privacy is stated in the Constitution under article 1310.
The Universal Declaration of Human Rights - Article 12 Federal Constitution of the Swiss Confederation - http://www.admin.ch/ch/e/rs/1/101.en.pdf 11 http://europa.eu/legislation_summaries/information_society/data_protection/l14012_en.htm 12 http://europa.eu/legislation_summaries/information_society/data_protection/l14012_en.htm 13 http://www.dataprotection.eu/pmwiki/pmwiki.php?n=Main.CH
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But do you read them? An english study nd out that only 7%14 of online shoppers read terms and conditions. Another UK poll states that while most users are aware of terms and conditions and privacy statements on websites, one in four (24 per cent) say they never actually read them, with the same proportion saying they read them thoroughly15. Fundamental rights and applicable laws should protect us from unwanted information disclosure and gathering but with technological evolution new behavior have emerged and laws must catch up. People not necessarily share more information than before but the aggregation and spreading of information on social networks are changing the game and people are not always aware of what they are up to when clicking I Accept.
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http://www.guardian.co.uk/money/2011/may/11/terms-conditions-small-print-big-problems http://media.ofcom.org.uk/2012/03/29/uk-adults-less-concerned-over-internet-despite-privacy-risks/ 16 And with mobile devices this is growing even faster - http://gopopcorn.ca/blog/wp-content/uploads/oneminuteinfographic.jpg 17 Pew Internet, Privacy Management on social media sites, p. 4
So, what happens when information is handled over to third parties? In March last year Facebook created quite a stir in the US when they announced they would share details like addresses and phone numbers to third parties18 . The controversy was so big that they revised their decision. Nevertheless, we should know that in reality, they could have done it because they were in their right since, again, we have accepted it in the terms and conditions!
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http://techland.time.com/2011/03/01/once-again-facebook-will-share-personal-data-with-third-parties/ Pew Internet, Privacy Management on social media sites, p. 5 20 Pew Internet, Privacy Management on social media sites, p. 6 21 Pew Internet, Privacy Management on social media sites, p. 8 22 Jeff Jarvis, Public Parts, Simon & Schuster 2011 23 International Working Group on Data Protection in Telecommunications, Report and Guidance on Privacy in Social Network Services, Rome Memorandum, 43rd meeting, 3-4 March 2008, Rome (Italy)
Notion of community: Online, friends are not necessarily the same as ofine, and users are not always aware as to which extend their personal data is shared. We feel secure because of the notion of community, but it is seldom the case. Free services: We must remember that if the service is free of charge, it is probably because we are the product that social networks sell to third parties like advertisers. Trafc data collection: Technically social networks are able to record every move we make and gather information like IP addresses, allowing them to locate users, or time and duration of the connection. Excessive and misuse of personal data: Thanks to face recognition software, pictures may become biometric identiers and depending on the privacy settings these can be accessible by unwanted sources due to a lack of protection against copying and saving of such kind of content. Remember that this information can also be accessible by recruiters. Identity thefts: This is a big concern according to the Working Group due to wide availability of personal information. This is one point we should be more concerned about. With informations like name, address, birth date, phone number or mothers maiden name it becomes easy to steal your identity 24. This is an non exhaustive list and social media users must be aware that there are other aspects like cyberstalking, cyberbullying, prole squatting and phishing to name a few, that represent a real danger online. These issues are the same in most countries. In Switzerland the FDPIC 25 issued an recommendation in regards to social networks, mentioning identical threats for social media users26 as in the Rome Memorandum.
Social networks should become more transparent toward users and have clear privacy policies. We believe that they should even question the validity of their terms and conditions in order to guarantee a better user experience. In addition social networking sites should be more transparent about how users can access, modify or delete personal data and even be transparent about their business model, hence creating a relationship based on trust. Privacy-friendly settings should be the norm and an improved control over data sharing means must be implemented through opt-out mechanisms. Last but not least, the users must be more careful when publishing personal data and bear in mind that what they publish could be seen by recruiters, identity thefts or stalkers. Taking the time to inform oneself about the social media service provider, privacy settings or the way personal data is treated becomes more important than ever. The use of different username and password also enhances the security. For more tips on how to tune up privacy settings on Facebook start with Facebooks Help Center and if you need more, Google it. There are dozens of top 10s and tips on how to do it.