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The European Audiovisual Observatory has published a new IRIS Special legal report entitled “Is my TV work on” Big Brother ” ?. »
Samsung has warned the owners of smart TVs, issued by it that are available in the voice recognition system can record and distribute their private conversations. This “bad rumor” appeared as a time when Brussels is developing new legislation – General provision on data protection (GDPR), the aim of which is to protect our identity and our behavior data collected by the various smart devices from misuse and abuse. European Audiovisual Observatory, part of the Strasbourg Council of Europe, is closely monitoring the developments and has recently published a new special report IRIS Special -. «Smart TV and data protection»
This publication has been prepared by the Strasbourg Observatory with the participation of partners – such as the Netherlands Institute for information Law (IViR in Amsterdam). The report has become a factor that inspired in December, a group of experts from Strasbourg to study the “gray zone between the issues of media regulation and data protection».
The report begins with a much-needed definition of the concept of “smart TV” and a description of what it can do. The key to understanding the difference between “smart TV” and the usual TV lies in the connectivity of smart TV to the one side of the Internet, and on the other – in its ability to collect data on user behavior through features such as the system of voice and gesture control and the system Face recognition. More, some data can be collected in the case, if the user gets their own profile. The first section also provides an update on the number of smart TVs in the world, the number of which in the world this year should exceed 140 million (for comparison – in 2011 there were 60 million)
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In the second section of the report deals with existing norms of media zakonodatelstva on smart TVs. The authors of the report point out that the rules governing the smart TV sector, in fact cover at least five media control areas: the scope of services of audio-visual media, the scope of electronic communications, data protection, user protection sphere and the sphere of human rights laws. The section provides a thorough analysis of the existing norms of the legislation in these areas, then it is concluded that the expected rules are GDPR addition to the existing norms. In particular, there will be spelled out the situation when equipment manufacturers, platform providers or providers of services and content are located outside the EU. Also in these rules it is supposed to oblige service providers to give us the opportunity to refuse to give permission for the processing of our personal data for additional purposes.
The authors of the report then moves to the third section, which contains materials of various studies conducted at the national level Germany, the Netherlands and the United States. The example of Germany demonstrates how certain legislative provisions may appear depending on the specific concerns of users. In fact, Germany has approved a coherent document in September last year, and this document is the result of joint work of various organizations working in the field of data protection in the private and public sectors. The document, in particular, the need to prescribe mandatory informing users about the collection and use of their personal data; it is prescribed in respect settings “privacy by default”, and also contains a provision requiring that all the equipment and services offered provide protection from data leakage and unregulated access by third parties. Two examples from the Dutch legislation illustrate data protection issues and privacy on the example of a company that offers services to owners of smart TVs with the help of the equipment the Philips, as well as the operation of cable television operator that offers its subscribers audiovisual services.
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in the last – fourth – section of his report, the authors outline (in light of the legal issues raised in the report), which guarantees the expected regulatory document – General provision on data protection – to offer to society. In the field of data processing GDPR give a firm guarantee that the processing of these data will be made only with the consent of the user clear and only if this treatment is a prerequisite for providing media services. It is interesting that in the text, the term “right to oblivion” is first found, in which the user may require the removal of all personal data relating to him. This also applies to the browsing history. GDPR rules will involve the transfer of data from one country to another, but only under the condition that the country of destination has appropriate security guarantees.
The authors of the report In the final analysis, come to the conclusion that the utopian idea of creating legislation that would measure all the “one size fits all ‘will never be able to cover all regulatory issues related to smart TVs and the services they offer. Instead, the authors of the report suggest “representatives of bodies dealing with the media, privacy and consumer protection come together to coordinate their actions»
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