program areas Digital Citizen
Program Areas
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The European Union's updated data protection legislation comes into effect in Europe on May 25, 2018. It gives individuals new rights to better control their personal information and strengthens some of the rights that already exist. Enforcement and redress mechanisms have also been strengthened to ensure that these rights are respected. And – importantly – the definition of personal data is wider in the GDPR than in the current EU legislation, and now includes online identifiers, such as an IP address. Read the summary of the eight rights here. The right to information to access to rectify to delete (or “to be forgotten”) to restrict processing to data portability to object to avoid automated decision making and profiling.
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Consumer advocates, digital rights, and civil rights groups are calling on U.S. companies to adopt the requirements of the General Data Protection Regulation (GDPR) as a baseline in the U.S. and worldwide. Companies processing personal data* in the U.S. and/or worldwide and which are subject to the GDPR in the European Union, ought to: - extend the same individual privacy rights to their customers in the U.S. and around the world; - implement the obligations placed on them under the GDPR; - demonstrate that they meet these obligations; - accept public and regulatory scrutiny and oversight of their personal data practices; - adhere to the evolving GDPR jurisprudence and regulatory guidance (*Under the GDPR processing includes collecting, storing, using, altering, generating, disclosing, and destroying personal data.) Specifically, at a minimum, companies ought to: 1. Treat the right to data privacy as a fundamental human right. - This right includes the right to: + Information/notice + access + rectification + erasure + restriction + portability + object + avoid certain automated decision-making and profiling, as well as direct marketing - For these rights to be meaningful, give individuals effective control over the processing of their data so that they can realize their rights, including + set system defaults to protect data + be transparent and fair in the way you use people’s data 2. Apply these rights and obligations to all personal data including to data that can identify an individual directly and indirectly. 3. Process data only if you have a legal basis to do so, including - On the basis of freely given, specific, informed and unambiguous consent - If necessary for the performance of a contract 4. In addition, process data only in accordance to the principles of fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality/security. 5. Add extra safeguards, including explicit consent, when processing sensitive personal data (such as data about ethnic or racial origin, political opinions/union membership, data concerning health, sex life or sexual orientation, genetic data, or biometric data) or data that reveals sensitive personal data, especially when using this data for profiling. 6. Apply extra safeguards when processing data relating to children and teens, particularly with regard to marketing and profiling. 7. Be transparent and accountable, and adopt technical and organizational measures to meet these obligations, including - Provide for algorithmic transparency - Conduct impact assessments for high risk processing - Implement Privacy by Design and by Default - Assign resources and staff, including a Data Protection Officer - Implement appropriate oversight over third party service providers/data processors - Conduct regular audits - Document the processing 8. Notify consumers and regulatory authorities in case of a breach without undue delay. 9. Support the adoption of similar requirements in a data protection law that will ensure appropriate and effective regulatory oversight and enforcement for data processing that does not fall under EU jurisdiction. 10. Adopt these GDPR requirements as a baseline regardless of industry sector, in addition to any other national/federal, provincial/state or local privacy requirements that are stricter than the requirements advanced by the GDPR.
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The European General Data Protection Regulation (GDPR) will take effect May 25, 2018. The Trans Atlantic Consumer Dialogue (link is external) (TACD), of which CDD is a member, published a document detailing 10 things that US citizens and companies need-to-know about the forthcoming General Data Protection Regulation (GDPR).
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Press Release
Consumer groups in the U.S. and EU urge Facebook to adopt the General Data Protection Regulation as a global baseline standard
In an open letter to Facebook's CEO Mark Zuckkerberg, members of the Transatlantic Consumer Dialogue urge the company "to confirm your company’s commitment to global compliance with the GDPR". -
In a statement issued today, CDD, EPIC and a coalition of consumer groups have called on the Federal Trade Commission to determine whether Facebook violated a 2011 Consent Order (link is external) when it facilitated the transfer of personal data of 50 million Facebook users to the data mining firm Cambridge Analytica. The groups had repeatedly urged (link is external) the FTC to enforce its own legal judgements. "The FTC's failure to act imperils not only privacy but democracy as well," the groups warned.
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Can Democracy Survive Big Data & Micro-Profiling in Elections? (CPDP 2018 Video)
Organized by Center for Digital Democracy & Transatlantic Consumer Dialogue
Today’s political candidates and issue campaigns are fully integrated into the growing Big Data marketing infrastructure, with more and more companies in this sphere accelerating the pace of research and innovation and promising to transform how political campaigns and elections are conducted. Data management platforms, marketing clouds, and other new data services enable information about one’s finances, health, race, ethnicity, shopping behavior, and geo-location to be combined with political interests, reading habits, and voting records. Social media and digital platforms are facilitating many of these techniques, monetizing and normalizing “fake news,” “dark posts”, and other practices, and challenging fundamental principles such as privacy, data protection, and individual autonomy. It has been widely reported that political Big Data digital micro-targeting played a role in the election of President Trump as well as the Brexit vote in the UK, and is now the subject to growing scrutiny by regulatory authorities. Is the use of such technologies likely to cause harm and undermine the democratic process? What is the link between these technologies and fake news? How do policy frameworks in western democracies compare, in terms of controlling political election campaigns practices? What is the role of data protection legislation in protecting the privacy of voters? And what are the challenges for data protection authorities in addressing how commercial data can be sold or shared with political groups? --- Chair: Paul-Olivier Dehaye, PersonalDataIO (CH) Moderator: Anna Fielder, Transatlantic Consumer Dialogue (UK) Speakers: Michael McEvoy, Office for Information and Privacy Commissioner of British Columbia (CA); Irina Vasiliu, DG Justice, European Commission (EU); Jeffrey Chester, Center for Digital Democracy (US); Juhi Kulshrestha, Hans Bredow Institute for Media Research (DE) -
Computational politics—the application of digital targeted-marketing technologies to election campaigns in the US and elsewhere—are now raising the same concerns for democratic discourse and governance that they have long raised for consumer privacy and welfare in the commercial marketplace. This paper examines the digital strategies and technologies of today’s political operations, explaining how they were employed during the most recent US election cycle, and exploring the implications of their continued use in the civic context.---For the full journal, please visit https://policyreview.info/node/773/pdf (link is external) .
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Press Release
Death of Net Neutrality Will Spur Greater Loss of Digital Privacy, Further Content Consolidation & Control
Statement of Jeff Chester, CDD
The phone and cable lobby will use its new power over the Internet to further erode the privacy rights of Americans. Comcast, AT&T, and Verizon will be entirely free to tap into the data flowing from our mobile devices, PCs, gaming and streaming platforms and set-top boxes. These ISP giants have already built up a formidable (link is external) commercial data gathering and Big Data analytics infrastructure. Now they will expand their gathering of our personal information, inc. financial, health, media use, and also force competitors to share the data they collect. If you want ISPs to give you preferential treatment, content providers will be forced to give up your data, so phone and cable can further expand their ad revenues. Independent and small content companies—including non-commercial and diversely-owned services—will be pressed to consent to terms that favor the digital gatekeepers that control our broadband highway. The FCC’s Net Neutrality decision will trigger a powerful wave of consolidation and deal making that further reduces the range of content and services we should expect in the 21st Century (including for children). We also believe that Google, Facebook and other providers will likely make their peace with the big ISPs, creating a powerful alliance that controls the U.S.’s digital destiny. CDD will be a part of the collaborative work to address this. We urge everyone to also “follow the data” as they examine the digital marketing plans of Verizon, Comcast and AT&T (link is external). There they will find plenty of opportunity to educate the public about our digital future has been placed at great risk. -
Press Release
Federal Election Commission (FEC) Must Hold Hearings on Role of Digital Media in Political Campaigns
The Center for Digital Democracy calls on the Federal Election Commission (FEC) to hold hearings examining the role that the Internet and related digital data applications now play in federal political campaigns. The public needs a better understanding of how contemporary digital practices in the “Big Data” era affect our electoral system. CDD also urges the FEC to begin a rulemaking to revise its regulations concerning disclaimers so the public has appropriate access to information regarding the operations of online ads and related content. “The FEC must hold hearings to examine how, in this era of “Big Data” and personalized digital marketing, the unrestricted use of consumer information for political targeting may threaten our democratic process,” said Katharina Kopp, policy director of the Center for Digital Democracy. “Political campaigns now have access to an array of details on individuals that wasn’t previously available, including what they do online and offline. As we witnessed last year, this new capability can be used to engage in online suppression tactics to dissuade individuals and groups from voting. We urge the FEC to examine how digital data-driven campaigns may disenfranchise communities of color and economically at risk individuals." --- For more information, please see the attached media advisory and comment by the CDD.