WMF — Social networking, privacy and the press David Evans, Information Commissioner’s Office
We’ve had complaints about social media. Data is still ‘mine.’
IC is firstly about reminding people about possible dangers of revealing information online. Educating individuals, e.g. would you want mum, boss, teacher etc. to know this?
75% of people using soc media sites haven’t read privacy rules. If you’re tagging people you’re also dealing with other people’s privacy.
Do people need to think more carefully about privacy online? If so how?
Digital privacy. Gap between how people act and what they think. Nothing to hide, nothing to fear argument is quite callous. Sharing is not perceived as publishing.
Concerns about longevity of material. Good context here btw [HT: Bill Thompson].
[Me — do we need Creative Commons Privacy?]
Fairness principle in use of soc media data. User expectations. Professional standards. We’re guided by PCC, unless journalist has misrepresented themselves to obtain data.
Privacy environment changing constantly. Focus is on real risks. What about self-regulation, e.g. Beacon-gate for Facebook — users pressured Facebook into backing down.
Platform provider responsibilities? What is the privacy impact? Can risks be managed by providers?
Have to change the way we look at online. Enforcement is based on common sense. We have complaints about Wikipedia — we have other things to do…But what about complaints about users of a self-help group? Potential risks in location-based tracking of kids?
Law applied sensibly can help, but we are not wading in applying principles written before soc media came on scene.
Protection of personal info is a hot-button info for public who complain to IOC.
Q&A
Q: Has there been a case involving soc media?
A: A few. One soc media site complained about for difficulties in removing details. Worked with Facebook on de-registering. Same thing with eBay. Tension with websites. Market value based on users. Others ongoing.
Q: (John Whittingdale MP) Are you interpreting what you think Parliament meant re Data Protection? Or any case law?
A: Principles of legislation broad, thus contains future proofing. EU directive from which Data Protection legislation is derived is up for review. Research proposal out for tender.
JW: Puts you in a very powerful position?
A: 1st principle is fairness. Fair is very subjective. That’s where regulator comes in. We can’t do much though once we’ve decided something isn’t fair. Enforcement powers low. Private sector not bothered by slap on the wrist from us.
Q: Soc media predicated on informed consent?
A: Consent is Hobson’s consent, e.g. no consent, no site use. How upfront are sites when they invite info submission? Focus on site and users, e.g. what are your default privacy settings? Informed consent used to be ‘Have you read this and signed it?’ Danger of info being click-through and ticked.