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Companies are collecting your personal data. Here's what to know
euronews (in English)
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14/08/2023
We take an in-depth look at what personal data is and how it is collected.
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Transcript
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00:00
TikTok, everyone's favorite app, except, well, not governments.
00:04
And why?
00:06
Well, it all comes down to data.
00:08
All those millions of TikTok users
00:10
provide a lot of their personal data.
00:13
And who do you think has access to that data?
00:16
Well, that's what's got lawmakers in the West worried.
00:19
But what about all those other apps and sites
00:22
we give our data to?
00:23
Should we be concerned about where it's all going?
00:26
To answer those questions, we first
00:28
need to take a look at the lifecycle of your data,
00:30
so how it's collected and where it goes after that,
00:33
and how this data collection can be problematic for you
00:36
as a consumer.
00:38
Then we'll explain the laws that the EU brought
00:40
in to combat these problems.
00:42
And finally, we'll help you understand
00:44
the steps you can take to exercise your data protection
00:46
rights.
00:48
OK, so first off, what does the term "personal data" even mean?
00:53
Well, it means things like your name, your age, your email
00:56
address, your home address, even your IP address, which also
01:00
shows your location, even if it's not as precise.
01:03
Some of our personal data can be pretty sensitive,
01:06
things you wouldn't really want public or getting
01:08
into the wrong hands, such as your sexual orientation,
01:12
or health data, or data that reveals your race or ethnicity.
01:17
And how does all this data get collected?
01:19
Personal data are collected in many different ways.
01:23
That's Gianclaudio Malgeri, a co-director
01:26
of the Brussels Privacy Hub.
01:27
For example, when we create a profile on a social media
01:31
platform, or when we create a profile on email service,
01:37
and so on.
01:39
That data collection can be really
01:40
useful and beneficial for us.
01:43
Our data is used for everything from banking to even health
01:46
care.
01:47
For example, the more data we have about our past illnesses
01:50
and the treatments we received, the more
01:52
our doctors can understand about our health now and help us.
01:56
And this sort of data collection has been around for ages.
02:00
What makes things new is how it's now
02:03
being collected online in ways that are difficult to monitor.
02:07
Today, way more of our personal data
02:09
is being stored than ever before.
02:12
And how is that done?
02:14
When we log into a Wi-Fi, the MAC address of our computer
02:20
or of our mobile phone is collected and connected
02:25
to that, the IP address, which reveals our geoposition.
02:30
Cookies are specific technologies
02:34
that are through our browsers on our devices
02:39
and can collect our navigation histories, our web data,
02:44
our engagement data.
02:47
And there's also social media.
02:48
When we put a like on Facebook or on Instagram,
02:51
we're providing data.
02:54
So for example, I could be taking a train from London
02:56
to Paris and browsing my favorite online shop looking
02:59
for a new coat for a while before switching over
03:01
to social media, where I scroll to pass the time.
03:04
What pops up on my feed?
03:06
An ad for a fashion store in Paris selling coats.
03:09
Coincidence?
03:10
Nope.
03:11
The browsing data from my shopping search plus my IP
03:13
address were used to show me an advert for something
03:16
I might be interested in.
03:18
But sometimes the information we're giving away
03:20
is more sensitive than our fashion choices.
03:23
There are some personal data that
03:25
are considered special categories of data
03:27
or, as we generally say, sensitive data.
03:31
These include, for example, data about sexual orientation
03:36
or sexual life, political beliefs,
03:39
religious affiliations, trade union membership,
03:42
genetic data, health records, data related to health,
03:46
health conditions, biometric data
03:48
with the purpose of identifying individuals.
03:51
So for example, our face or our eyes and so on.
03:57
And that sensitive data can be really useful for some.
04:01
Data is the power.
04:03
It's just this instrument which gives you access
04:05
to a lot of other rights.
04:06
That's Romain Robert, program director,
04:08
privacy non-profit NOIP.
04:10
Right to target people, to provide content,
04:13
to censor some content, not to show content
04:15
to some people if you don't want to show them some content,
04:18
to influence their political behavior.
04:21
But it's clear now that we didn't
04:23
do enough to prevent these tools from being used for harm
04:26
as well.
04:27
And that goes for fake news, foreign interference
04:30
in elections and hate speech, as well as
04:32
developers and data privacy.
04:35
We didn't take a broad enough view of our responsibility.
04:38
And that was a big mistake.
04:40
That is Mark Zuckerberg, CEO of Facebook,
04:44
back in 2018 when he was apologizing to the US
04:47
Senate for the social media's role in the Cambridge Analytica
04:50
scandal.
04:50
That was when Facebook facilitated
04:52
the collection of the personal data of thousands of people
04:55
by the British firm, which was then used to influence
04:58
political behavior.
05:00
So yeah, data is powerful.
05:03
The CA scandal focused on the US.
05:06
But it showed the huge threat that the misuse of data
05:08
poses to democracy, and more broadly, human rights.
05:12
Pretty scary stuff, right?
05:14
So the EU decided a change was needed.
05:17
And the first regulation to come in was the GDPR.
05:21
It's a general data protection regulation.
05:25
It's legally binding across the 27 different European states.
05:29
And it also applies to any organization
05:31
that collects data on EU citizens,
05:34
even if it's not based in the EU.
05:36
So the GDPR is one of, if not the toughest,
05:39
privacy and security laws in the world,
05:41
and underlines data protection as a fundamental right.
05:45
Meaning, well, your personal data should be protected
05:48
and it should be used in a fair and legal way,
05:51
meaning it should be collected for a specified purpose
05:53
and with your consent.
05:55
And also, you have the right to access your data
05:57
and to change anything that is wrongly recorded.
06:00
One of the main principles of the GDPR
06:05
is to rebalancing vulnerabilities and power
06:08
imbalance.
06:09
So the GDPR was conceived as a way
06:12
to reduce the adverse effects, or to prevent or mitigate
06:17
the adverse effects of power imbalance between companies
06:20
processing our data, public administration,
06:23
and individuals that might suffer from vulnerabilities.
06:27
Organizations also have to stick to seven principles
06:30
or risk paying a hefty fine, like in 2021,
06:33
when Amazon was fined 746 million euro by the EU.
06:38
Basically, those principles focus
06:40
on making sure any data that's processed
06:42
is done lawfully, accurately, and for an actual purpose,
06:46
because an organization shouldn't be collecting data
06:48
just because they can.
06:51
And even though they already have the toughest data
06:53
laws in the world, the EU decided
06:55
the GDPR didn't go far enough.
06:58
So lawmakers have brought in the Digital Services Act package,
07:02
combining two acts, the Digital Services Act, the DSA,
07:06
and the Digital Market Act, the DMA.
07:09
Without going into too much detail,
07:11
the DSA will protect users by giving us more control
07:14
over what we see online, things like targeted advertising,
07:18
and stop us seeing illegal or harmful content.
07:21
And then the DMA focuses more on boosting the digital economy
07:25
by helping smaller digital companies compete
07:27
against the bigger ones.
07:29
But the question is, even with these new rules added on,
07:32
has the GDPR really made your data that much safer?
07:37
On paper, it's a good law.
07:39
That's Paul-Olivier Dehey, privacy expert
07:41
and CEO of Hestia Labs.
07:43
It's definitely going in the right direction.
07:45
It's being copied around the world.
07:47
But there is a severe, severe problem of enforcement.
07:52
Enforcing the law across the 27 states is difficult.
07:55
The way it works is like this.
07:58
There are 27 National Data Protection Authorities,
08:00
or DPAs, one for each country, which
08:03
act independently from the government to enforce the GDPR.
08:06
All the DPAs work together within the European Data
08:09
Protection Board.
08:11
And at the top, the European Data Protection Supervisor
08:14
manages everything.
08:16
It's super complicated to enforce the GDPR
08:20
in a cross-country case involving more than two
08:26
or three countries, usually.
08:27
So even the Commission recognizes
08:29
that enforcement is an issue.
08:32
So to try to fix these flaws, the EU Commission
08:35
is working on yet more new rules to be
08:37
brought in in summer 2023.
08:40
OK, so you get it.
08:42
It's not perfect.
08:43
But well, it's not all bad either.
08:46
The GDPR is indeed a very good balancing
08:48
between the free flow of information
08:51
and the protection of individuals.
08:53
On the one hand, we have clear principles
08:56
like lawfulness, fairness, transparency, purpose
08:59
limitation, data minimization.
09:01
Then we have clear rights, right to access to all my data,
09:06
right to erase personal data relating to me
09:10
that are being processed by some data controllers
09:13
that maybe I don't want to, right to object,
09:16
right to rectification of personal data.
09:19
There are interesting accountability duties
09:23
that data controllers need to respect.
09:25
For example, impact assessment or recording
09:30
of data processing.
09:32
OK, now let's get back to what you're really here for.
09:35
What can you do to protect or access your data?
09:39
So let's start with your rights.
09:41
As a consumer or data subject, you
09:43
have the right to know why your personal data is being
09:46
processed, where the organization got your data
09:49
from, who it will be shared with,
09:51
and how long it will be stored.
09:54
And also what type of personal data is being processed.
09:58
For example, anything that might relate to health, race,
10:02
or political beliefs, or any other sensitive information.
10:06
And crucially, how to exercise your data protection rights.
10:11
Let's see a real life example of how
10:13
you could exercise those rights we just talked about.
10:17
Well, let's say I ordered that code I was looking out
10:19
on the train, but now I keep on getting pestered
10:22
with emails from the company.
10:24
I want to find out what personal information I provided
10:27
when I made my order, and also ask them to delete that data.
10:31
I should send a written request to the company's data
10:36
protection officer, or if they don't have one,
10:38
just sending to their general contact address is fine too.
10:42
And specify exactly what I'm asking them to do,
10:45
giving them enough information for them to identify my data.
10:48
So in this case, my name, contact info,
10:51
and the item I ordered.
10:52
Oh, and remember, there's no fee for making a data access
10:56
request.
10:57
After I've sent this, the company
10:59
has one month to respond to my request, or up to two
11:02
if the data is complex.
11:04
In this case, the data the company will have on me
11:07
includes my name, email address, my phone number, my home
11:11
address, where they sent the code I ordered,
11:13
and a list of all the other orders I've ever made with
11:15
them.
11:17
And if I'm unhappy with the outcome
11:18
and want to make a complaint, I can then
11:21
contact the National Data Protection Authority
11:23
in my country, who take action and make sure that the company
11:26
sticks to the rules.
11:29
Just remember, it is your right to be
11:31
able to access the personal data that an organization has
11:34
collected about you.
11:36
And knowing your rights is important.
11:38
It's your fundamental right to know what is going to be done
11:41
with the data, because it's a democracy.
11:43
And you want to know what is going
11:44
to be done with your data.
11:45
Information is power.
11:47
If you don't know with whom you share the information,
11:49
you don't know with whom you share the power.
11:52
[MUSIC PLAYING]
11:56
[MUSIC PLAYING]
11:59
(upbeat music)
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