Internet of Things and Blockchain: Legal Issues and Privacy. The Challenge for a Privacy Standard

Abstract

The IoT is innovative and important phenomenon prone to several services ad applications, but it should consider the legal issues related to the data protection law. However, should be taken into account the legal issues related to the data protection and privacy law. Technological solutions are welcome, but it is necessary, before developing applications, to consider the risks which we cannot dismiss. Personal data is a value. In this context is fundamental to evaluate the legal issues and prevent them, adopting in each project the privacy by design approach. Regarding the privacy and security risks, there are some issues with potential consequences for data security and liability. The IoT system allows us to transfer data on the Internet, including personal data. In this context, it is important to consider the new European General Data Protection Regulation (GDPR) - already in force from 24 May 2016 - that will be applicable on 25 May 2018. The GDPR introduces Data Protection Impact Assessment (DPIA), data breach notification and very hard administrative fines in respect of infringements of the Regulation. A correct law analysis allows evaluating risks preventing the wrong use of personal data. The IoT ecosystem is evolving quickly, developing several applications in different sectors. The main topics for the last time are Big Data and the blockchain. People are paying attention to the latest one because of its potential concrete use for services and applications, increasing the security measures to guarantee a secure system. However, it is equally important to analyse the legal issues related to them. Everyone has the right to the protection of personal data concerning him or her. In this context, we cannot dismiss to guarantee an adequate protection of personal data designing any application. The contribution describes the main legal issues related to privacy and data protection especially regarding the blockchain, focusing on the Privacy by Design approach, according to the GDPR. Furthermore, I resolutely believe that is possible to develop a worldwide privacy standard framework that organisations can use for their data protection activities.