[Air-L] a question about privacy protection and copyright in Internet research

[Niels Brügger]

Hi Jeremy,


Your comment below indicate to me that it may be relevant to distinguish between two discussions: one related to copyright, and one related to data protection.

Again, to use the Danish web archive as an example: the access to the archive is based on two different Acts, the copyright law and the data protection act. Each of these laws regulates it's own area: who owns the data in the archive?, and who can get access to the data in the archive?

And these two issues are not necessarily handled in the same way: you may not owe your data, but still want to protect them. In fact, this is the main reason why the acces to the Danish web archive is very restricted, since the data protection authorities consider the archive a data handler, and since the archive cannot guarantee that protected data cannot be found in the archive only researchers have acces, and not the general public.

But the point is that access to data can be a question of ownership as well as of privacy, and the two does not necessarily coincide.


Best,

Niels Brügger



Den 08/05/2011 kl. 13.32 skrev jeremy hunsinger:

> i'd tend to think that nation-states have different standards and practices than researchers:) there are also pages that say do not archive and do not research. 
> 
> for instance, the other day someone showed me a link to a dating site where several posts that have this text:
> 
> ***WARNING:
> Any institutions or individuals using this site or any of its
> associated sites for studies or projects - You DO NOT have permission
> to use any of my profile or pictures in any form or forum both current
> and future. If you have or do, it will be considered a violation of my
> privacy and will be subject to legal ramifications. It is recommended
> that other members post a similar notice to this or you may copy and
> paste this one.***
> 
> .... now that's in their profiles in open text boxes.  however, it is also available without issue on the open web, nor is it clear in any form that they own the data they think is private, though they clearly think that they do.  this looks like it spread meme-like across the site, but i have no idea how many users have this link statement.   but it is clear to me that some of the users, like we had in responses in various online fora after ir 1.0 which i presented on at ir 2.0, do not think they should be researched.  
> 
> 


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NIELS BRÜGGER, Associate Professor, PhD
Director, the Centre for Internet Research
Department of Information and Media Studies
Aarhus University
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