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> | Data Protection, Privacy and their old nemesis, Facebook. |
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< | It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. |
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> | “When an online service is free, you’re not the customer. You’re the product” -Tim Cook |
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< | Facebook, Privacy and its old nemesis, Apple. |
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> | "I think it's important that we don't all get Stockholm Syndrome and let the companies that work hard to charge you more convince you that they actually care more about you" -Mark Zuckerberg |
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< | -- By AparnaPujar - 10 Mar 2021 |
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> | The fight between Apple and Facebook is like a pot calling the kettle black. In the wake of the pending user privacy changes in iOS 14 wherein the user needs to consent vide a pop-up to allow applications to track their data, furious Facebook has apparently decided to file an anti-trust lawsuit against Apple. Not only that, Facebook has also started a new advertisement campaign called “Good Ideas Deserve to be Found” as a defense to them shoving advertisements down their users’ throats. As per Facebook, the benefactor is not just the user, but also the small businesses who cannot always pay for expensive advertising. Facebook also plans to execute a pop-up that will be launch on user’s screen before Apple’s pop-up requesting the user to allow it to use its data. However, Apple does not seem to back down and seems to be in the mood to take Facebook head-on. Apple is also said to be trying to build its own search engine to replace Google, however that may take a very long time. |
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> | Apple's hypocrisy of being concerned about users’ privacy is well known. The awaited user-friendly pop-up is definitely a fresh change and a first step to prove that Apple can walk the talk. |
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> | But do only users of expensive Apple products deserve to have their data protected? How can we as users of internet unitedly ensure that our data is protected? Can we be the owners of our data? |
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> | I. RIGHT TO BE FORGOTTEN |
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> | Right to be forgotten (footnote 1) is a law in the European Union and it is codified in General Data Protection Regulation (GDPR) which was entered into effect in May 2018. As per Article 17 (footnote 2) of GDPR a data subject has the right to erasure (‘right to be forgotten’) whereby a ‘data subject’ will have a “right” to ask the controller of its data to erase it from the internet history based on certain grounds. Additionally, it is not a superficial right, it has acquired a status of deemed fundamental right and is deemed to be an integral part of the fundamental right of privacy (footnote 3). This right has been largely discussed with respect to deletion of data regarding past misdemeanors for which one has already suffered punishment and a reminder on the internet is a form of double jeopardy. However, this right can be used on a day to day basis to ensure your data is protected. |
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> | II. DATA TRANSFER PROJECT |
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> | Apple has now made it possible to transfer photos and videos from iCloud to Google Photos (footnote 4) . However, this does not mean that Apple will not retain a copy of your photos and videos with it. This is double edged sword. It gives you a perception that you are the owner of your data and hence you can transfer it easily, however, you are in fact hold your data in “joint ownership” with Apple. |
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> | III. A WORLD OF FREE APPLICATIONS WITHOUT ADVERTISEMENTS? |
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1.Denegri, Natalia Ruth v. _Google Inc. (Right to be forgotten was also enforced in Argentina for the first time by Argentinian Court in 2020)
2. Article 17. 1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
a.the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b.the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
c.the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
d.the personal data have been unlawfully processed;
e.the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
f.the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
2.Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replic_ation of, those personal data.
3.Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
a.for exercising the right of freedom of expression and information;
b.for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
c.for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
e.for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
d.for the establishment, exercise or defence of legal claims.
3. Article 8, Preamble of the Unified Treaties of the European Union.
4.This service is currently available only in Australia, Canada, the European Union, Iceland, Liechtenstein, New Zealand, Norway, Switzerland, the United Kingdom, and the United States.__ |