Legal certainty as a tool for the spread of the Internet of Things
NOTO LA DIEGA G., Legal certainty as a tool for the spread of the Internet of Things, London, Queen Mary University of London, «Internet of Things Summit. The Rise of the Interconnected World», 12.05.2015
|Link||https://iris.unipa.it/retrieve/handle/10447/126741/189260/Legal certainty as a tool for the spread of the Internet of Things.pdf|
|Topics||Consumer, Contract, Data Protection, Property|
ECJ, 11-12-2014, František Ryneš c. Ú ř ad pro ochranu osobních údaj ů:
- Art. 3.2 dir. 95/46 This Directive shall not apply to the processing of
personal data...by a natural person in the course of a purely personal or household activity
- “The operation of a camera system, as a result of which a video recording
of people is stored on a continuous recording device such as a hard disk drive, installed by an individual on his family home for the purposes of protecting the property, health and life of the home owners, but which also monitors a public space, does not amount to the processing of data in the course of a purely personal or household activity”
- i. The camera was in a fixed position and could not turn; ii. it recorded the
entrance to his home, the public footpath and the entrance to the house opposite; iii. only a visual recording; iv. Stored on a hard disk drive; v. As soon as it reached full capacity, the device would record over the existing recording; vi. No monitor was installed on the recording equipment: no real time study; vii. Only Mr Ryneš had direct access to the system and the data.
- "One product, a thousand contracts!": there are several contracts which concern the thermostat, a lot of contracts which concern the interoperable software/apps, and a lot of contracts which concern the interoperable devices.
- "Professedly, the "ToS" apply only to the services and not to the hardware, but it affects the latter. “
If you do not agree with any of the provisions of these terms, you should disconnect your products from your account and cease accessing or using the services”. 1. The product is an inseparable mixture of hardware and software/service-> strict liability under the Product Liability Directive also for services/software/apps flaws. 2. Standard contracts: little room for customisation (“You must accept this agreement as presented to you, without changes” (Community Forum Agreement))."
- "The ST professedly refer to the product as hardware, but: “These Terms constitute the entire agreement
between you and Nest regarding the use of the Services.” Confirmation in the “Privacy statement”: Nest Products include our mobile and web applications."
- "“If you do not agree with any of the provisions of these terms, you should cease accessing or using the product software.” (customisability) Is it feasible to use the device without using the embedded software? No (notion of product) “Modifications...may be automatically installed without providing any additional notice or receiving any additional consent. (...) If you do not want such Updates, your remedy is to stop using the Product.” (asymmetry)"
"No time to overturn the paternalistic approach of consumer law."