Lohan, Alén-Savikko, Chen, Järvinen, Leppäkoski, Kuusniemi, and Korpisaari
304
commitments, and zero‐knowledge proofs). Another kind of application is the privacy‐preserving proximity testing for social media (e.g. Facebook) presented in [13],
which allows users of this social media to check if they are close to each other without
learning the exact locations. Cryptographic techniques for privacy‐preserving location‐based services can be expected to be an important and active research topic in
the near future.
13.11 Legislation on User Location Privacy in 5G
Legal and policy issues around 5G technology and 5G positioning range from spectrum
requirements and standardization to privacy and data protection. Since 5G is seen as
the enabler of a truly digital and networked society, privacy issues in the 5G context
cover those related to the Internet of Things (IoT), cloud computing, big data, and
mobile communications, among others. For their part, geolocation services may utilize
the location sensitive sensors of smart mobile devices, and navigation is one area of
application. Various infrastructures may be resorted to in the provision of geolocation
services. With 5G, a new layer to existing infrastructures and services is envisioned [40].
For instance, the IoT implies data protection issues since also data, which is legally
considered as “personal data”, might be collected and analyzed via various devices.
Furthermore, location data might reveal sensitive data, especially when combined and
analyzed over a long period of time while constant tracking and locating are apt to
intrude personal space and autonomy [113].
The focus here is on the so‐called “position privacy” as a specific area. However, in a
European context, data protection terminology is employed alongside privacy. Indeed,
in the EU, privacy and data protection are two separately safeguarded fundamental
rights that are closely related [45,96]. The first is safeguarded in article 7 of the EU
Charter of Fundamental Rights (CFR) [31] and the latter in article 8 thereof. Due to the
developing EU fundamental rights dimension, the General Data Protection Regulation
(GDPR) (EU) [35] 2016/679 builds on data protection whereas its predecessor, the Data
Protection Directive (DPD) (95/46/EC), refers to privacy as enshrined in article 8 of the
European Convention of Human Rights (ECHR). The GDPR has been in force since
May 2016, but will be applicable only from May 2018. In the meantime, the Directive
applies [35].
In the context of 5G developments and the potential applications accompanying it,
one might ask what room, in practice, is left for privacy in a world where everything is
supposedly digitized and connected. However, the fact that a number of cases concerning both personal data protection and the right to private life (e.g. Google Spain;
Schrems; Uzun v. Germany; von Hannover v. Germany No. 2, etc.) [23] are brought
before both the Court of Justice of the European Union (CJEU) and the European Court
of Human Rights (ECtHR) does speak for the importance of privacy.
13.11.1 EU Policy and Legal Framework
In September 2016, the EU Commission published its action plan concerning 5G that
aims at deploying 5G by 2020 [25]. This is tangential to the Digital Single Market objectives pursued in the EU. Both are also linked to the proposed European Electronic
304
commitments, and zero‐knowledge proofs). Another kind of application is the privacy‐preserving proximity testing for social media (e.g. Facebook) presented in [13],
which allows users of this social media to check if they are close to each other without
learning the exact locations. Cryptographic techniques for privacy‐preserving location‐based services can be expected to be an important and active research topic in
the near future.
13.11 Legislation on User Location Privacy in 5G
Legal and policy issues around 5G technology and 5G positioning range from spectrum
requirements and standardization to privacy and data protection. Since 5G is seen as
the enabler of a truly digital and networked society, privacy issues in the 5G context
cover those related to the Internet of Things (IoT), cloud computing, big data, and
mobile communications, among others. For their part, geolocation services may utilize
the location sensitive sensors of smart mobile devices, and navigation is one area of
application. Various infrastructures may be resorted to in the provision of geolocation
services. With 5G, a new layer to existing infrastructures and services is envisioned [40].
For instance, the IoT implies data protection issues since also data, which is legally
considered as “personal data”, might be collected and analyzed via various devices.
Furthermore, location data might reveal sensitive data, especially when combined and
analyzed over a long period of time while constant tracking and locating are apt to
intrude personal space and autonomy [113].
The focus here is on the so‐called “position privacy” as a specific area. However, in a
European context, data protection terminology is employed alongside privacy. Indeed,
in the EU, privacy and data protection are two separately safeguarded fundamental
rights that are closely related [45,96]. The first is safeguarded in article 7 of the EU
Charter of Fundamental Rights (CFR) [31] and the latter in article 8 thereof. Due to the
developing EU fundamental rights dimension, the General Data Protection Regulation
(GDPR) (EU) [35] 2016/679 builds on data protection whereas its predecessor, the Data
Protection Directive (DPD) (95/46/EC), refers to privacy as enshrined in article 8 of the
European Convention of Human Rights (ECHR). The GDPR has been in force since
May 2016, but will be applicable only from May 2018. In the meantime, the Directive
applies [35].
In the context of 5G developments and the potential applications accompanying it,
one might ask what room, in practice, is left for privacy in a world where everything is
supposedly digitized and connected. However, the fact that a number of cases concerning both personal data protection and the right to private life (e.g. Google Spain;
Schrems; Uzun v. Germany; von Hannover v. Germany No. 2, etc.) [23] are brought
before both the Court of Justice of the European Union (CJEU) and the European Court
of Human Rights (ECtHR) does speak for the importance of privacy.
13.11.1 EU Policy and Legal Framework
In September 2016, the EU Commission published its action plan concerning 5G that
aims at deploying 5G by 2020 [25]. This is tangential to the Digital Single Market objectives pursued in the EU. Both are also linked to the proposed European Electronic