However, where personal consumers have a fair and transparent process to data is used, it may give rise to concerns about the hold providers accountable. privacy of the individuals concerned. (...) The consumer dom from others interfering with personal choices, protection approach introduces minimum common particularly relating to their body, a large part of pri- standards and procedures to provide a base level of vacy concerns what is known by whom about the protection rather than leaving everything to consum- individual, and thus treatment of personal data. (...) Increasing- on personal data or give rise to consumer protection ly, countries are legislating to protect the personal Big data, machine learning, consumer protection and privacy 17
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The provisions of the present Chapter shall also apply to the contract concluded in the result of collecting consumers’ offers organised away from business premises, at the occasion of the entrepreneur’s or person’s acting on his behalf visit to the consumer workplace, his domicile or another place of private stay.
(...) Article 3
1. The person concluding a contract with the consumer away from business premises should prior to its conclusion inform the consumer in writing about his right to withdrawal from the contract in the period referred to in Article 2 section 1, and hand over the specimen of the statement on withdrawal including indication of her name and first name (name), domicile (premises); this person is also obliged to hand to the consumer a written confirmation that the contract is concluded, its date, kind and subject of performance and price.
2. (...) Where the court verdict referred to in § 1 applies to the entrepreneur who is not a natural person, the liability stipulated in § 1 shall apply to the person managing the undertaking or the person entitled to conclusion of contract with consumers.
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Best Practices in Consumer Protection in the Digital Age
– Korea Communications Commission (KCC)
Traditionally, consumer protection has been focused on the areas of subscription to
broadcasting and telecommunications services, quality evaluation, advantage and
disadvantage in entry into and cancellation of a contract, optimized service rates, notification
obligation, consumer complaints handling, etc.
(...) The practices and experiences both good
and bad the KCC likes to share are as follows:
1) Redefining consumer protection needs along the value chain, from ICT networks to
apps and services:
Defining consumer protection in accordance with advancements in technology
- Need to redefine consumer protection in each area of content, platform, network
and device, and by sector, i.e. network, service, apps and device
- A new concept is necessary that encompasses all of market changes, the subject to
be protected and technological changes.
e.g.) individually customized service (service rate planner), bundled service,
consumer protection service in terms of information transfer, after-sales service
for handsets, protection against mobile app users
- Korea is implementing the following policy measures to efficiently respond to the
above-mentioned trends and reflect them in our policy:
Conducting fact-finding inspection against online marketplaces for their
data protection endeavor and imposing sanctions if necessary
Reinforcing safety measures before payments are made in the mobile
apps market
Measures are in place to crack down on unlawful distribution of
personal data online
2) Identifying priorities and responsibilities of ICT stakeholders (government, industry
and consumers) in a digital environment:
A forum or consultative body is necessary that can discuss consumer protection
policy on a continuing basis, participated by the government, specialized agencies,
academia, industry, consumers, NGOs, and so on.
- A think tank is necessary to continue substantial discussion at the fundamental
level, in addition to the efforts to resolve pressing issues.
- At the moment, the KCC is pushing for the enactment of a communications
consumer protection act and the establishment of a specialized body to handle
consumer protection; and operating a policy customer representatives’ meeting
and a public-private cooperative taskforce to strengthen personal data protection
on the Internet.
3) Expanding the regulator’s mandate and enforcement measures to ensure effective
consumer protection in a converged digital environment (in particular in dealing
with privacy, data protection, protection against fraud, misuse, etc.):
Hacking, leak of personal data, transactions of personal information are emerging as
social issues, and therefore the regulator gets to take up higher responsibilities. (...) For example, in response to the recent leakages of personal data at card
companies and a telecoms carrier, the KCC is drafting a comprehensive
plan due to be finalized in June to tackle the problems as the competent
authority in charge of online privacy protection.
Put in place institutional mechanism to protect consumers such as
through the guidelines on prohibited acts, dispute resolution,
adjudication and good offices.
Evaluating mobile carriers’ efforts to protect consumers; providing
personal information protection training for operators; and developed a
guidebook on online ethics to be used at the elementary and middle
schools.
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CONSUMER PROTECTION Personal Data and Privacy
Elisa Leonel Superintendent of Consumers Affairs (Anatel/Brazil)
Co-Rappourteur for ITU-D SG1 - Question 6/1
AGENDA
o Digital transformation and the importance of personal data
o Output report from ITU-D Q6/1 on “Consumer information, protection and rights”
o Brazilian approach for personal data protection
GROWING IMPORTANCE OF DATA PROTECTION
https://mydata.org/
https://mydata.org/
THE ROLE OF DATA PROTECTION LAWS
Data as an economic asset
o Innovation, economic and technological development
o Free initiative and new business models
Data as a projection of the human personality
o Fundamental rights
o Free development of the personality
o Human dignity
Informational self- determination
ITU Q.6/1 OUTPUT REPORT (1/2) o Nature of consumer protection in the area of converged services
o Traditional telecommunication market versus new far more complex digital world
o National regulatory authorities (NRAs) close collaboration with other authorities
o Institutional and international cooperation between NRAs around the world
o Transparency for the consumer as a central question
o Personal data protection, privacy, right to information, ethical billing, fair contract clauses, number portability, universal access, confidentiality, speedy complaint resolution, quality of service, radiation protection, child online protection, fair advertisements and safe use of the Internet as key elements
(https://www.itu.int/en/myitu/Publications/2021/07/22/12/33/Consumer-informationa new complex digital world)
ITU Q.6/1 OUTPUT REPORT (2/2) o Protection of consumers from online fraud and the misuse of personal data as integral part of regulatory policy
o Consumer education on rights and obligations at the center of policy-making
o Cross-border cooperation among regulators
o Regulators and the need for caution so as to avoid hindering innovation and growth of digital services
o Importance of robust data-protection frameworks
o New approaches on regulatory governance: cross-sectoral collaboration, co-regulation and self- regulation by private companies.
(https://www.itu.int/en/myitu/Publications/2021/07/22/12/33/Consumer-informationa new complex digital world)
BRAZILIAN DATA PROTECTION LAW (LGPD)
There’s no such thing as insignificant data
Open concept of personal data: identified or identifiable individuals
Variety of legal bases for data processing
Data protection principles
Not applicable to public safety, national defense state security or prosecution of criminal offenses
BRAZILIAN APPROACH FOR DATA PROTECTION
o Accountability and private codes of conducts
o Risk-based approach
o Privacy and security by design and by default
o Responsive regulation
o Consumer education and awarness
Thanks!
elisaleonel@anatel.gov.br
mailto:elisaleonel@anatel.gov.br
Consumer Protection
Agenda
Growing importance of data protection
The role of data protection laws
Itu q.6/1 output report (1/2)
Itu q.6/1 output report (2/2)
Brazilian data protection law (LGPD)
brazilian approach for data protection
Slide Number 9
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Page 44 - FIGI - Big data, machine learning, consumer protection and privacy
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Measures such as these alone do not secure fair- and make it far easier to develop the necessary risk ness, accountability and transparency, but they do management, engineering and other measures that provide a vocabulary and value system that enables lead to greater protection for consumer privacy. far more rapid communication about these topics, 7 AREAS FOR FURTHER EXPLORATION This paper has explored various challenges that 2 Where it is simply unrealistic to expect consumers consumer protection and data privacy law and regu- to understand the implications for them of wide- lation face with regard to big data and machine spread circulation of personal data about them, it learning techniques, particularly where these are may be necessary to develop tighter regulation used for making decisions about services provid- of the use and sharing of personal data. This ed to consumers. Conventional requirements to may include not merely relying on the consumer’s provide notice of the intended purpose of using a consent to matters that are beyond comprehen- consumer’s personal data when the purpose may as sion, but ensuring that consumers are provided yet be unclear, or obtaining consent for something better information and controls on transfers of the consumer largely cannot understand, are under data about them, and protecting consumers from strain. (...) They could also address when inferences of be important to provide information that puts personal attributes (e.g., political opinions, sex- the consumer in a position to make a meaningful, ual orientation or health) from different sources informed judgment about such use of his or her of data (e.g., internet browsing) are acceptable data. or privacy-invasive depending on the context.
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It requires data brokers to register as such with data processing and transfer operations adds com- the authorities, disclose information about their data plexity to the problem of attributing responsibility collection activities, and maintain security measures for the unauthorised use of personal data. to protect the data. Failure to do so is a violation Data brokers are, therefore, coming under increas- of Vermont’s consumer protection laws, which may ing scrutiny, including providing consumers direct lead to enforcement by the Attorney General or by rights. (...) This section considers consumers’ rights where 51 Consumer rights of access, rectification and something has gone wrong after they have shared erasure data or after personal data about them (shared by A key safeguard for consumers in data protection them or by others) has otherwise been used to their and privacy laws is the right to access data held by disadvantage or harm. (...) For instance, the recently enacted California Con- This includes rights to rectify incorrect data held sumer Privacy Act of 2018 requires businesses that about them and to have certain data erased. This collect personal information of California residents, if is discussed here in this post-engagement section a consumer requests, to disclose (without charging) because it arises after a firm has obtained an indi- the types of personal information it has collected vidual’s personal data, but it may of course merely about that consumer over the previous year.
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An individual might expect high levels ian or fiduciary – “algorithmic angels” – on behalf of 98 of privacy (confidential treatment) when dealing the consumer. Some have suggested that providers with medical, financial or other personal matters, but of such personal data management services could be quite relaxed about being overheard in a public inform and educate individual consumers and “nego- square, or being offered assistance in searching for tiate” on their behalf, suggesting how requested data products in a shop. (...) This might mean tighter restrictions on col- agement of such consumer consent. Firms like Sudo 92 100 lection, use and sharing of personal data in some allow consumers to make easy use of a pseudonym situations even if notice and consent are provided. for a variety of digital interactions, from telephone The Consumer Privacy Bill of Rights proposed by calls to e-commerce and online dating. (...) Sunset clauses for approach not yet gathered steam. consent to expire may also be appropriate. 95 All of these suggestions aim to enhance consum- er control over personal data, reducing the currently Technologies of consent management prevailing asymmetries.
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To know that DFS providers should have a privacy policy to inform what personal data is collected, for what purpose and how personal data is used and whether the consumer is given the option to consent or not on the data that is being collected and/or being transferred to third parties. (...) CA2.4-K5 Be aware that different countries may have different data protection rules and if personal data is being collected, processed and stored outside the country of where the consumer resides, that the data protection rules may differ. CA2.4-K6 Know which authority in the country is responsible for data protection and can provide advice to consumers. CA2.4-K7 Know which measures to take to protect and manage personal data and privacy to avoid fraud.
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CIN is a full member of Consumers International
Consumer Rights in the ICT Sector (COMESA Guidelines)
Legal Basis for Protection;
Responsive Institutional Framework;
Freedom of Choice;
Transparency and Disclosure;
High Quality of Service;
Accurate and Comprehensible Billing;
Channels for Redress;
Non-Discrimination;
Fair and Responsible Marketing;
Fair and Reasonable Treatment;
Personal Privacy and Security;
Health and Safety;
Representation and Voice; and
Access to Information.
3
Consumer responsibilities
Payment of bills for services;
Proper use of products and services;
Genuine claim;
Environmental protection;
Respect contractual obligations in customer service agreements;
Respect the privacy of other users.
(...) Provide consumers with security and power over their own information: Telecoms providers and regulators must protect the personal data that consumers give up in order to use mobile services. (...) There should be provisions to penalise providers for abusive and unjust business practices
Internet (revision of UNGCP)
Address consumers’ loss of control over their personal information online, including the preventative measure of limiting the information that is collected about consumers to begin with, as well as treatment of security and remedies against the loss of personal information.
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Consumer - shall mean a person who buys manufactured goods and makes use of services for personal or household needs.
13. (...) If the person referred to in Article 22 of this Law placed dangerous products on the market which caused the consumer’s death he may be punishable by a fine from 20,000 to 80,000 Litas.
8. Application of economic sanctions does not exempt the fined persons from paying damages to the consumer.
Article 24.
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