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IRIS Special - Smart TV and data protection (2016)
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What is smart TV? How does smart TV compare with other forms of audiovisual media? What regulatory frameworks govern smart TV? What guidance can be found in selected country-specific case studies? What are the dangers associated with the collection, storage and processing of private user information by commercial parties? How are relevant regulatory frameworks likely to evolve?
Samsung have warned owners of their smart TVs that the system’s voice recognition could actually be recording and sharing their private conversations. This “bad buzz” comes at a time when Brussels is in the process of adopting new legislation – the General Data Protection Regulation (GDPR) - aimed at protecting us from abuse and misuse of our private data and consumer behaviour big data collected by smart equipment such as television sets. The European Audiovisual Observatory, part of the Council of Europe in Strasbourg, is keeping track of these developments and has published this IRIS Special report entitled "Smart TV and data protection".
This is a joint publication by the Observatory and partner institution, the Dutch Institute for Information Law (IViR in Amsterdam). It inspired an expert workshop organised in Strasbourg December 2015, which looked at “the grey areas between media regulation and data protection”.
Content
Introduction
Structure
1. Definitions and Features
1.1. What is a smart TV?
1.2. What data can a smart TV collect?
2. Regulatory frameworks
2.1. Audiovisual Media Services Directive
2.2. E-Communications Framework
2.3. Provisions on e-privacy and data protection
2.4. E-Commerce Directive and EU Consumer Protection Law
2.5. Human Rights Framework
3. Case studies by country
3.1. Germany
3.2. The Netherlands
3.3. An American Example
4. The General Data Protection Regulation
4.1. Smart TVs and the General Data Protection Regulation
4.2. The Regulation’s level of protection
4.3. What is an adequate level of protection, and is it offered by the Regulation?
Concluding Analysis
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