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5.3.2 Impacts of RFID and related technologies<br />

The EC’s work on better implementation of the Data protection directive 95/46/EC also<br />

includes technological aspects. In 2003 and 2004 the Commission worked on a<br />

Communication on Privacy Enhancing Technologies (PET). At present, “RFID devices raise<br />

fundamental issues on the scope of the data protection rules and the concept of personal<br />

data. The combination of sound and image data with automatic recognition imposes<br />

particular care when applying the principles of the directive.” However, the Commission<br />

believes the rules are still valid. The Directive is technologically neutral, and sufficiently<br />

general to accommodate new technologies, although particular guidelines may have to be<br />

adapted (European Commission, 2007). The European Parliament is also discussing the<br />

implications of RFID chips and how to regulate them. The Scientific and Technological<br />

Options Assessment unit (STOA) of the European Parliament is engaged in a project on<br />

RFID and Identity Management. The final report was announced for April 2007 but had<br />

not been published yet in June. (van ‘t Hof, forthcoming)<br />

Philips’ chief privacy officer Jeroen Terstegge criticised the focus on “personal data<br />

protection” by the EU in the discussion on RFID chips. He believes that the focus of legal<br />

protection should be “digital footprints”, and whether or not these footprints can strictly<br />

be classified as personal data. The point is not that the use of RFIDs chips and data<br />

storage will infringe on personal data protection (Seminar RFID & Opsporing (Tracing),<br />

ECP.NL, Rathenau Institute, RFID platform Nederland, Den Haag, 4 April 2007). 27<br />

Box 1: Case study on Dutch transport RFID chip card<br />

Dutch public transport companies will introduce RFID chip card technology to pay for<br />

tickets in 2009. Two types of tickets are available, anonymous and personalised. The<br />

railway company NS is pushing for the personalised card, by only offering a price<br />

reduction on personalised cards and sending current subscription holders the<br />

personalised card. The Committee on Secure Personal Data (CBP) and the passenger<br />

association ROVER have complained that NS is violating privacy and personal data<br />

protection legislation. A public debate in Parliament and the media started in April 2007,<br />

stimulated by the Rathenau Institute.<br />

The Public Prosecutor Harm Brouwer would also like to be able to use the data collected<br />

with RFID and other chip technologies. He sees opportunities for identifying criminals and<br />

collecting evidence, including their travel by public transport and car (after introducing<br />

road pricing). He discussed these opportunities during a seminar organised by the<br />

Rathenau Institute, RFID Platform Nederland and ECP.nl on 4 April 2007. 28<br />

Proponents for the use of private databases for police and national security purposes, like<br />

Mr Brouwer (see box 1), do not appear to make a rational assessment of the main<br />

current bottlenecks in crime fighting, and identify the optimal use of the public budget for<br />

the police and justice department. Instead they seem to be attempting an increase in the<br />

public budget by imposing legal requirements for storing data on private companies,<br />

without paying for it. This leads to an increase in taxes “in kind” on these companies,<br />

which may lead to higher prices for consumers. The quality of the debate would improve<br />

if all the costs, expected benefits and risks of each technical and non-technical security<br />

option were made available.<br />

In the Nanoforum workshop on Nanotechnology and Security several new ethical aspects<br />

of nanotechnology were discussed, relating to the implications of invisible distributed<br />

wireless sensor networks (possibly mobile). For example, how can informed consent of<br />

the observed persons be guaranteed? Can the devices be turned off after use or by<br />

27 http://www.rathenau.nl/showpageproject.asp?steID=1&ID=2029<br />

28 http://www.rathenau.nl/showpage.asp?steID=1&item=2132<br />

52

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