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RFID Technology and its Impact on Privacy: Is Society One Step before the Disappearance of Personal Data Protection?
Abstract
The present chapter explores privacy issues posed by the use of RFID systems and applications. The existing legal framework for data protection is analyzed in order to discover how general privacy safeguarding principles should be applied in the case of RFIDs, with special focus on the main areas which are going to experience widespread use of such applications. The structure of the chapter is based on a chronological order which follows the consecutive phases of contact and interaction between the individual and the RFID tag. The implementation of a tag to a product or in the human body establishes the first point of contact of the individual with the RFID tag. This stage of data processing is examined in the first part of the chapter. In more particular, this part deals with the application of general principles of fair processing, such as information transparency, the debate about the necessity to require the prior consent of the individual (possible opt-in and opt-out solutions) and the precondition of a clearly defined purpose of the data processing. The symbiosis of the person with the tag is examined in the second part. Indeed, privacy concerns are equally significant during the phase of processing of personal information, even if processing is conducted lawfully, either based on the legal ground of the individual’s consent or justified on another legal basis. The requirement of data quality and the obligation to secure the RFID system against unauthorized interceptions or alterations of data by third parties constitute essential guarantees of fair data processing. Privacy protection in the activation phase of the tag is also ensured by the obligation to inform the tagged individual every time a reading takes place and by the right to verify the accuracy of the tag data, whether stored from the beginning or added at a later date. Finally, the last part of the chapter examines the legal regime of separation between the person and the tag. This phase refers to the termination of the processing either by act of the data subject or by act of the RFID system controller. The focus is given to the exercise of the right to object to the processing of personal data through RFID devices. In this context practical solutions, such as the “tag kill” or “tag sleep” command should be taken into consideration in order to the make the exercise of the right to object feasible.
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