Web mining and privacy concerns: Some important legal issues to be consider before applying any data and information extraction technique in web-based environments

Web mining is a concept that gathers all techniques, methods and algorithms used to extract information and knowledge from data originating on the web (web data). A part of this technique aims to analyze the behavior of users in order to continuously improve both the structure and content of visited web sites. Behind this quite altruistic belief – namely, to help the user feel comfortable when they visit a site through a personalization process – there underlie a series of processing methodologies which operate at least arguably from the point of view of the users’ privacy.Thus, an important question arises; to what extent may the desire to improve the services offered through a web site infringe upon the privacy of those who visit it? The use of powerful processing tools such as those provided by web mining may threaten users’ privacy.Current legal scholarship on privacy issues suggests a flexible approach that enables the determination, within each particular context, of those behaviors that can threaten individual privacy. However, it has been observed that TIC professionals, with the purpose of formulating practical rules on this matter, have a very narrow-minded concept of privacy, primarily centered on the dichotomy between personal identifiable information (PII) and anonymous data.The aim of this paper is to adopt an integrative approach based on the distinctive attributes of web mining in order to determine which techniques and uses are harmful.