The Irish Data Protection Authority has sent the draft decision to the other guarantors which, if approved, will prevent Facebook from sending community user data to the United States. This announcement (similar and contrary to what Facebook indirectly implied) is only the latest episode of the hyperactivism of the various independent European authorities which has resulted in the ban (for now in Italy, Austria and France) of Google Analytics and of the opening a survey of Microsoft’s Office 365.
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It is certainly good news that the regulators on personal data have finally decided to exercise their powers and, at this point, we are waiting for those who deal with the market and communications to do their part to rebalance the sector for the benefit of companies. national. There are, however, two aspects that cannot be overlooked. The first is the multi-year inertia of these institutions which has allowed foreign companies to colonize and permanently alter the IT services market, perhaps in Europe, certainly in Italy.
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“Data in exchange for services” is a model that since 2000 had been the subject of decisions by the Antitrust and the Italian Data Protection Authority but for a long time no one followed up on those measures which, however, represented a solid basis for building the barrier against the overflow of data to the USA. The commercial models based on “subscriptions”, “activations” and “accounts” of the producer – and therefore based on the direct and systematic control of the use of software by users – did not make those who had and have the power flinch / duty to intervene. The uncontrolled migration of anything “to the cloud” has been allowed without any involvement of national companies, which are painstakingly trying to regain a space but with uncertain fortunes. It becomes difficult to close the proverbial stable, even if something is still standing.
The second aspect, closely related to the previous and more important one, is the singular interpretation that the independent authorities have given of their role and of which the interpretation of the statement from the Irish Supervisor is an indicative example. If an activity is contrary to the GDPR, the regulatory authorities should simply prohibit them, instead of stalling or adopting, in no particular order, individual measures such as those on Google Analytics that plunge citizens and businesses into total confusion. And if an activity is prohibited by the GDPR, the Guarantors should simply prevent it, because it is only up to governments or the EU Commission to define and negotiate an agreement with their international counterparts. politico. It is clear that decisions such as outlawing an entire ecosystem of services cannot be taken with a light heart given the enormous impact they would have not only on the private sector but also on the public sector. At the same time, however, it is not possible to continue without a clear decision by the governments which we have been waiting for, in vain, for over twenty years and which cannot be delegated, even if only in fact, to different subjects.
On the sidelines, but it is another matter, it would be interesting to understand how European users would take it if they were really to be prevented from accessing social network platforms (and why not e-commerce and other platforms as well?).
It is reasonable to think, also due to the way these services are designed, that the reactions would not be too favorable to the blockade and would trigger bitter polemics against the regulatory authorities. For some time, the infamous “digital ecosystem”, with the “free” gabola, has caused the devaluation of the importance of individual rights. Users have been desensitized to the importance of rights and how important aspects of their existence are managed.
Not “data” but “rights” in exchange for services. This is happening and this should really worry the institutions which, on the other hand, continue to worry in a rather short-sighted way about simple technicalities. If, therefore, asking the problem of the role of cookies in the deanonymization of IPs is very reminiscent of the parable of the beam and the straw, worrying about the need for an agreement between the EU and the US on the exchange of data brings to mind the saying of uncertain origin but of dramatic actuality on the wise, the fool, the finger and the moon.