Legal safeguards for privacy and data protection in ambient intelligence

Abstract

To get the maximum benefit from ambient intelligence (AmI), we need to anticipate and react to possible drawbacks and threats emerging from the new technologies in order to devise appropriate safeguards. The SWAMI project took a precautionary approach in its exploration of the privacy risks in AmI and sought ways to reduce them. It constructed four “dark scenarios” showing possible negative implications of AmI, notably for privacy protection. Legal analysis of the depicted futures showed the shortcomings of the current legal framework in being able to provide adequate privacy protection in the AmI environment. In this paper, the authors, building upon their involvement in SWAMI research as well as the further advancement of EU privacy analysis, identify various outstanding issues regarding the legal framework that still need to be resolved in order to deal with AmI in an equitable and efficacious way. This article points out some of the lacunae in the legal framework and postulates several privacy-specific safeguards aimed at overcoming them.