Digital

About the political nature of Data protection laws

Definition of a political topic in this article

A simple definition of a political topic: “topic which concerns a large majority of the population, which has a significant impact on the lives of individuals and whose framework cannot be trivially and arbitrarily set”.

Working conditions, the representativeness of the people or slavery have been political issues in the past. The answers given to them have been decisive in the society in which we live today.

Our data and what is done with it in the digital space is a new, extremely present-day political topic!

What is the society we want for tomorrow? Who will have control of over our data? For what purpose ? And how do we gather ourselves to talk about it?

Although the subject is highly technical, it is important that all citizens can express their opinions.

An immense vulgarization effort is necessary so that everyone can understand the essence of the issue and form a relevant opinion.

Let us educate, clarify and above all, listen to each other in order to build step by step the politico-legal framework that will govern our data and the market value attached to them as well as our life and our identity in the digital space.

Mechanisms at stake for the rise of Tech Giants

An argument often heard in order not to care about data privacy is: “I have nothing to hide”. Indeed, the user gives his data and in exchange of a free service. It seems like a fair deal at first glance, and on an individual scale, a trivial fact to know that a third party has access to our privacy. However, on the scale of several billion persons who share their data, service providers (GAFAM, BATX) accumulate immeasurable power.

This power is amassed through mechanisms such as “winner takes all”, where a service accessible to all will prevail on the market towards all its competitors, as well as network effects: the more people using a platform, the higher the quality of service.

We have in this article an example of the power GAFAM have in front of the american congress.

These entities today obtain an almost sovereign power in some aspects. Digital Sovereignty is a strategic issue for the 21st century. The three main models today are the libertarian model of the United States, an authoritarian model with China and that of Europe, where the right to a private life constitutes a priority on the health of the economy or the power of the state.

We all have a duty to form an opinion on the world in which we want to live and all have power over the way we consume digital services, because it is through consumption that these digital giants are formed.

Data laws VS increasing complexity

The data collection services that are at work in the background when we use digital services have reached such a complexity that it seems impossible to take the power back.

Example with the use of cookies on websites

However, adequate tools and a discipline in structuring our IT systems, along of course a real political will, can foster a new age where we would use the potential of new technologies without feeding algorithmic entities whose designs are unknown to us.

The crux of the matter is there, today we have no control over these private entities which serve their own interests. And it becomes imperative to clearly inform any user of the use that is made of the data that is collected, as well as of all the third parties to whom this data is transmitted.

In principle, we have a hold over institutions that express our interests.

Tomorrow, certificates will support the effort to protect privacy initiated by more and more laws (GDPR – EU, CPPA – California, LGPD – Brazil, FPA / APP – Australia, APPI-Japan…). These laws will constrain economic models to force them to form in accordance with the social project they represent regarding our digital life.

Tools: map the data, follow it, protect it.

Mastering our IT systems is a complex matter and it requires costly manpower and expertise. Fortunately, this difficult need has created a new market in which entrepreneurs are proposing innovative tools.

For individuals, tools like Jumbo constitute a layer of abstraction for the user. They free him from the need to dive into complex and changing settings menus proposed by the different platforms. Once the solution has been set up, Jumbo’s teams keep their users’ preferences up to date with respect to the platforms’ privacy policies as well as data protection laws.

A parallel would be the service of your accountant: you provide him with some information on your company, and he takes care of having your balance sheet validated. You don’t have to worry about the complexity of laws and administrative procedures.

For companies it becomes essential to maintain a fine control of the computer system. What are my processes, what data are collected, what is their nature?

And when processing data, you have to know to whom it is transmitted and be able to regularly prove the compliance of your ecosystem with all the laws to which it is subject, particularly in an international context.

Example of tool:

Touch.io 

Conclusion

Covid-19 is accelerating the transformation of our society towards digital. More clearly than ever, the internet, initially a mean of communication, is now a commercial space in which we work and create economic value. It therefore becomes imperative to acquire a mastery of these digital services, essential tools for homo informaticus who now live in a society where digital identity and life complement our carnal life and transcend our human instincts in an evolution that we struggle to comprehend, because we are living it. Individuals, citizens, companies, states and institutions must therefore define what we want to move towards. Transcribing our values to these new issues could be a starting point.

It is also now that different groups of expertise must work together, technology, at the base of the systems, politics and law, which define the framework in which we operate, and economists. because the creation of value and its circulation now have a very different nature from those which were the subject of the founding theories of our era (Keynes, Smith, Marx, Friedman and many others).

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