Download - Nanowerk

… and there are no less intrusive methods.” Surveillance applications must be specified in
legislation and monitored by an independent court (European Group on Ethics, 2005).
The checklist of ethical issues for FP6 proposals is mainly focused on biomedical research.
However, informed consent in case the project involves human data collection is also
relevant to some nanotechnology based security technologies. Other relevant aspects are
privacy issues, both processing of genetic information or personal data, and tracking the
location or observation of people. Research involving developing countries (use of local
resources or benefit to local community) and dual use aspects (research having potential
military or terrorist applications) are also relevant to some nanotechnology based
security technologies (Cordis FP7 webpages, 2007).
5.2.2 Other international declarations
The Declaration of Principles of the World Summit on the Information Society (WSIS) of
12 December 2003 includes four articles on ethical aspects. Articles 56 and 57 address
fundamental values and ethics for the Information Society as a whole. Article 58 states:
“The use of ICTs and content creation should respect human rights and fundamental
freedoms of others, including personal privacy, and the right to freedom of thought,
conscience and religion in conformity with relevant international instruments.” Article 59
states: “All actors in the Information Society should take appropriate actions and
preventive measures, as determined by law, against abusive uses of ICTs, such as illegal
and other acts motivated by racism, racial discrimination, xenophobia, and related
intolerance, hatred, violence, all forms of child abuse, including paedophilia and child
pornography, and trafficking in, and exploitation of, human beings.” (WSIS, 2003).
The Organisation for Economic Co-operation and Development (OECD) has adopted
guidelines on the protection of privacy and trans-border flow of personal data, which
forms the framework for harmonising national and EU legislation (OECD, 1980). This was
followed by a “Ministerial Declaration on the Protection of Privacy”, at a conference in
Ottawa, Canada, 7-9 October 1998 (OECD, 1998). An OECD Working Party on
Information Security and Privacy (WPISP) monitors trends and discusses policy options.
The Council of Europe also lays down rules for personal data protection in the
“Convention for the Protection of Individuals with regard to Automatic Processing of
Personal Data of the Council of Europe of 1 January 1981.” (Council of Europe, 1981).
The main issue in the global discussion on privacy and data protection is related to
differences in legislation between the USA and Europe, e.g. concerning personal data of
airline passengers. This is not related to any particular technology, but an element of the
legal and ethical framework in which some nanotechnology based identification and
tracking devices are being developed. In the present globalising information society, the
EU is not free to determine its own legislation independently of other countries.
5.2.3 Conclusions on regulatory and ethical framework
The main established legal and ethical requirements which impose boundaries on the
development of nanotechnology based security technologies are summarised below:
• For active nanodevices implanted in the human body or which can wirelessly
connect to the human brain or nervous system, or enable others to view the
naked body of a person; the right to physical and mental integrity and prohibition
of degrading or inhuman treatment are valid. These are apparently not relevant to
other applications of nanotechnology for security.
• RFID chips and other nanoelectronics and sensor based technologies which can be
used to collect personal and group data for storing in databases, are covered by
legislation and ethical guidelines for protection of private and family life, home
and communications; personal data protection; and equality and nondiscrimination.
49