Many machines now print a series of barely-visible yellow dots
onto documents so that they can be traced to that device. Xerox has
admitted to using the technology, though not all manufacturers
have.
Frattini was asked about the privacy implications of the
phenomenon in a parliamentary question at the European
Parliament.
"Does the Commission believe that the current practices of
manufacturers in this regard, including their disclosures to
consumers, are consistent with relevant Community law on data
protection and consumer protection?" asked Finnish MEP Satu
Hassi.
Frattini said that there was a danger that the printers were
breaking European laws. "To the extent that individuals may be
identified through material printed or copied using certain
equipment, such processing may give rise to the violation of
fundamental human rights, namely the right to privacy and private
life," he said in a written answer to the question. "It also might
violate the right to protection of personal data."
Frattini said that the technology was not always against the
law, though. "The Commission is not aware of any specific laws
either at national or at Community level governing tracking
mechanisms in colour laser printers and photocopiers," he said.
"In the cases outlined in the Honourable Member's question, the
information based on tracking printed or copied material does not
necessarily include data relating to identified or identifiable
individuals, i.e. personal data," he said.
Personal data is specifically protected by the Data Protection
Directive, but there is debate in Europe around what does and what
does not count as personal data and what, therefore, qualifies for
protection.
Even if information about what you printed does not qualify
technically as personal data, Frattini said that their use might
still break the law. "The Charter of Fundamental Rights of the
European Union, in Article 7, provides for the protection of
private and family life, home and communication, and in Article 8,
for the protection of personal data," he said in his answer.
The existence of the yellow dots has been known for a number of
years and is the subject of an information campaign by the
Electronic Frontier Foundation, a digital rights advocacy group in
the US.
It says it has identified printers that encode documents with
information from Dell, Canon, Epson, Hewlett Packard, IBM, Lexmark,
Oki and Xerox, amongst others. It says that some of the dots reveal
the printer serial number, date and time of the printing of a
document.
The US Secret Service has in the past admitted that the dots are
part of a deal struck with manufacturers to help it combat
counterfeiting.
