What I think about the TikTok case. The prof. Pizzetti (former Privacy Guarantor)
The decision of the Privacy Guarantor on TikTok analyzed by the jurist and academic Francesco Pizzetti, former president of the Authority for the confidentiality of personal data from 2005 and 2012
The Privacy Guarantor has imposed the stop of the processing of children's data by Tik Tok. To provoke the decision of the Guarantor was the painful story of the death of a child in Palermo during a "challenge", one of the challenges in vogue among the very young.
The jurist and academic Francesco Pizzetti , who was president of the Authority for the confidentiality of personal data from 2005 and 2012, spoke on the subject, interviewed by the founder and director of Key4biz , Raffaele Barberio .
The European Union: the ruler of digital economic competition
The decision of the Guarantor raises the problem regarding the digital processing of children's data. On the subject, we must consider the Gdpr, the legislation that aims to protect the data of European citizens in the digital market. “The decision to adopt the GDPR aims to place the European Union as the protagonist of global competition. A rule valid in a market of 500 million people, and to which the players operating on the European market must adapt ”. The challenge for the EU in the digital market, which is lagging behind its global competitors in the US and China both from the point of view of technological development and from that of pervasiveness of the market, takes on the role of regulatory body. According to prof. Pizzetti, this is the address wanted by the President of the EU Commission Ursula Von der Leyen . "We must offer the world a large market that can count on data, technologies – says Pizzeti – but which focuses on the protection of rights, this is the challenge of the Van der Leyen commission". And that follows on from the “ Aachen Pact ”, the Franco-German agreement which aims to develop the European market through Franco-German collaboration. "After all, a great French" futurologist ", Jacque Attali, affirmed that the future of the European Union was in the Franco-German axis – Pizzetti continues -. And the French president was a collaborator of Attalì ”.
Gdpr: protecting all players in the digital market
Limiting the protection of children's data on social networks is an understatement. "The GDPR contains rules concerning the data of minors in the digital environment – continues Pizzetti -. Within the EU, minors are more protected they are only exposed to social media but they are more protected by the offer of the digital market ”. The problem is much wider and concerns the information society in its entirety. On the internet you can find a series of offers of illicit services, of which minors can be victims. “ Tik tok was an opportunity to intervene in one area . An opportunity provided by the unfortunate story of the Italian girl ”. Furthermore, the Gdpr also protects those who offer the digital service because he himself can be the victim of deceptions, let's think of the case of a minor who buys goods by stealing the credit card from parents. “In the previous system, all this was not regulated, putting the burden on those who offer the services to check who is on the other side of the screen. The Gdpr protects those who operate in the digital market. It introduces rules to protect the seller, minors and all the protagonists of the digital market although it specifies in its considerations a particular attention to the rights of minors ".
From the Guarantor of minors to the Data protection board: all the steps
The initiative of the Italian guarantor will be followed by other steps, established by the Gdpr. “The Italian guarantor has already informed the leading authority, that is the authority of the territory where the establishment that processes the data is based in the Union, in this case Tik Tok Ireland – continues Pizzetti -. The leading authority must open an investigation, it cannot evade. If it turns out to be too slow then the data protection board will intervene ”. The Italian authority was able to adopt this measure because in the Gdpr it is written that in cases of urgency even a national authority, which is not the leading authority, can adopt the emergency measure obviously communicating it immediately to three subjects: European Commission, data protection board and the leading authority. “Now it will be a matter of seeing how this cooperation proceeds – adds Pizzetti -. First of all see how the Irish authorities intend to move. Then it will be a question of applying the coordination mechanisms ”.
The weight of lobbying
However, the common European space needs regulation that also regulates behavior on platforms like Facebook. “ The digital single act is disappointing , it does not solve the underlying problems – concludes Pizzetti – There is a great struggle on a global level around European regulations. European activity is pressured by lobbing activities carried out by both the American over-the-top and the Asian world and the reason is that the European market is attractive ”.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/innovazione/cosa-penso-del-caso-tiktok-parla-il-prof-pizzetti-ex-garante-privacy/ on Tue, 26 Jan 2021 08:40:03 +0000.