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Privacy at The Edge

The document discusses privacy issues related to wearable devices that collect personal data from users' bodies and behaviors. It notes differing views on whether privacy should be a fundamental right or an additional service. Wearable devices represent a transformative concept of privacy as processing all an individual's data allows digital reconstruction of their physical and psychological characteristics. The concept of habeas corpus, which protects human dignity and rights, could provide a framework to address modern needs for personal data protection related to wearable devices, overcoming limitations of current US and EU regulations.

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275 views1 page

Privacy at The Edge

The document discusses privacy issues related to wearable devices that collect personal data from users' bodies and behaviors. It notes differing views on whether privacy should be a fundamental right or an additional service. Wearable devices represent a transformative concept of privacy as processing all an individual's data allows digital reconstruction of their physical and psychological characteristics. The concept of habeas corpus, which protects human dignity and rights, could provide a framework to address modern needs for personal data protection related to wearable devices, overcoming limitations of current US and EU regulations.

Uploaded by

elena_fa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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189 THE

TRADITIONAL CONCEPT OF HABEAS CORPUS AND


MODERN DANGERS FOR PRIVACY THROUGH THE USE OF
WEARABLE APPS
Elena Falletti
Università Carlo Cattaneo, Castellanza, Italy

Abstract
The aim of this abstract regards the analysis of privacy management of wearable devices (hereinafter “WD”)
absorbing personal data from a user’s body and from his or her behavior. There are many discussions on
privacy, and WD privacy management is only one of them, while the main one is about what privacy is.
Indeed, there are different opinions on managing the most individual private information. On the one hand,
some people affirm that privacy, in an age of invasive electronic communication, should be a fundamental
right. On the other hand, other views support that privacy has to be treated as an additional service that the
user can buy if markets are interested in it. Indeed, the strict contact between the user’s body and the
wearable device may give the impression that privacy is a “plus” service included with the WD product.
Indeed, WD use represents a transformative concept of privacy, since processing the whole data pertaining to
an individual involves the digital reconstruction of this person, and his/er physical and psychological
characteristics. Habeas corpus represents the strong tradition of human dignity and human rights protection,
and it could be a bridge between a legal institution of great historical tradition and modern needs in the field of
personal data protection in the WD environment. It could overcome both American and European regulations
limitations. Indeed, on the one hand the U. S. regulation seems focused exclusively on patent protection and
consumer matters, and on the other hand, the E. U. discipline seems to have a very formalistic and
bureaucratic approach. In both cases, rules do not seem to be sufficiently adequate. Rather, through this legal
entity it seems to be possible to maintain high parameters of protection of individuality and to ensure the most
intimate aspects of personal expression.

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