Privacy by Design

Taking into account the state of the art

Presentation date: 11.10.17Presentation by: James Mulhern

A ConfessionLove• Rights it gives me as a citizen• Opportunity to develop trust • Prospect of deeper relationships with

customers• Drive to strengthen Cyber resilience,

modernise & transform

Hate • Ambiguity, misunderstanding & FUD• Just seen a compliance • Elbow grease required • Challenge of addressing legacy

What Local Government is saying?

…a real opportunity to identify where

personal data is held

…get full pictureof what

conditions are used for

processing…

…enable us to make sure robust contract clausesare in place and look for

any gaps…

Benefit from refreshing retention and deletion schedule… to ensure that data is not being

kept longer than necessary

…hoping to use as an opportunity to put good data quality and insight at

the heart of driving service improvement, rather than just a

compliance exercise.

Data Protection Act

General Data Protection Regulation

Transparency

Compliance

Enforcement

0

20

40

60

80

100

120

140

160

180

DPA GDPR

Article 25 – Data Protection by design and default

Article 32 – Security of Processing

Taking into account the state of the art…

Privacy by Design7 Foundational Principles

1. Proactive not Reactive; Preventative not Remedial

2. Privacy as the Default Setting

3. Privacy Embedded into Design

4. Full Functionality — Positive-Sum, not Zero-Sum

5. End-to-End Security — Full Lifecycle Protection

6. Visibility and Transparency — Keep it Open

7. Respect for User Privacy — Keep it User-Centric

What does it look like?

Good

• Analysing privacy impact

• Defining privacy/security requirements upfront

• Embedding privacy and security into existing processes

• Privacy preserving setting enable by default

• Being honest and open with users

Bad

• No analysis of privacy impact or risks

• Addressing security as an afterthought

• Copying real personal data into test systems

• Standalone security and privacy processes

• Onus on users to configure/ request privacy

• Security through obscurity

Article 25: Data Protection by design and by default

“Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks…, the controller shall… implement appropriate technical and organisational measures… in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of this Regulation and protect the rights of data subjects

Article 32: Security of Processing

“Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk,…

Goes further …Measures:

•Pseudonymisation

•Encryption

Expectations:

•Access Controls

•Purpose limitation: extent/retention/access

•Prevent misuse

Data minimisation

By Default personal data must not be

accessible to all e.g. Social Networks

Confidentiality, Integrity, Availability

AND Resilience

Ability to restore the availability and access

in a timely manner

Regularly testing, assessing effectiveness

of measures Enforceable

Highlights: key risks & impacts

Risks

• Accidental or unlawful destruction

• Loss

• Alteration

• Unauthorised disclosure

• Unauthorised access

Impacts

• Discrimination

• Identity theft or fraud

• Financial loss

• Reputational damage

• Loss of professional secrecy

• Reversal of pseudonymisation,

• Economic or social disadvantage

• Reveal Protected attributes

• Loss of Control

Highlights: ScenariosScenarios

• Profiling - Evaluating analysing, tracking or predicting:

• performance at work

• economic situation

• health

• preferences or interests

• Reliability or behaviour

• Location or movements

• Vulnerable persons

• Children

• Large amount of personal data

• Large number of data subjects

Privacy Management System

Determine Privacy Impact

Assess Risks and Costs

Implement measures

Validate measures

Manage Breaches

Justify

Eviden

ce

Taking into account the state of the art

Determine Privacy Impact

Assess Risks and Costs

Implement measures

Validate measures

Manage Breaches

Digital Strategy

IT

& DR Strategy

Cyber Security Strategy

Info Gov’ance Strategy

Securing the organisation is Everyone’s responsibility

Exploit the dependencies for everyone’sbenefit

Organisational Culture

How? need to be joined up

Golden Opportunity

• If you’re responsible for cyber security, get a firmer grip and reduce your overall ‘attack surface’

• If you work with data, you can Build stronger relationships with more accurate, meaningful data

• If you responsible for transformation, you can use it to prioritise and address technical debt

Benefit

More like to:

• minimise risks & build trust

• identify problems earlier

• fix problems simply & cheaply

• Increase privacy awareness

• meet obligations

Less likely to:

• intrude

• have negative impact

• breach

So where does this leave us?1. Privacy & Security should be job ZERO

2. Enforceable – administrative fines

3. Need a Privacy Management System

4. Privacy by Design can facilitate transformation & build trust

5. Think beyond May 2018

“Sound, well-formulated and properly enforced data protection safeguards help mitigate risks and inspire public trust and confidence in how their information is handled by businesses, third sector organisations, the state and public service.”

ICO

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