Privacy and Data Protection in Electronic Communications - Computer Network Security - page 432

Privacy and Data Protection
in Electronic Communications

Lilian Mitrou 1 and Konstantinos Moulinos 2

1 Department of Information and Communication Systems
University of the Aegean Karlovassi, Samos GR-83200 Greece
[e-mail] (Contact Author)
Tel:[phone], Fax:[phone]
2 Hellenic Data Protection Authority, Omirou 8 Str, Athens GR-10564, Greece
[e-mail]

Abstract. The digitalisation of networks thus offering of new services may en-
tail inherent risks to privacy of the user, as well as possible inhibitions on
his/her freedom of communication. This paper addresses issues of privacy and
fair processing of personal data in electronic communications. It focuses on the
analysis of the Directive 2002/58/EC “on privacy and electronic communica-
tions”. Emphasis is given on the provisions concerning traffic data and on the
prohibition of the use of cookies as an expression of confidentiality and protec-
tion of anonymity. This paper further refers with the intention to introduce
technology neutral rules and argues that this objective is a contradiction per se
as each regulator, when setting out to regulate, still has a given, particular tech-
nology in mind. We argue that protection of privacy should be achieved through
rather than despite technology.

1 New Possibilities — New Risks:

Privacy in the Context of Electronic Communications

Publicly available electronic communications services, especially over the Internet,
open not only new possibilities for users but also new risks for their personal data and
privacy, as they enable continuous surveillance of communications and activities.
Privacy refers not simply to the “right to be left alone” and undisturbed. It consists in
a right of informational self-determination, which in its turn is a prerequisite of free-
dom and deliberative autonomy.
This paper addresses (some) issues of privacy and fair processing of personal data
in electronic communications and focuses on the analysis of the Directive 2002/58/EC
“on privacy and electronic communications”, as it pretends to be a technology neutral
“mandatory paradigm” and represents an overall regulatory approach of dealing with
the protection of fundamental rights while aiming to preserve functionality, transpar-
ency and security of ICT networks/infrastructure and balancing users' freedoms with
other public and/or legitimate private interests.