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Ichec dig strat gdpr

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Lecture given during my class of strategy for digital business at Ichec Brussels

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Ichec dig strat gdpr

  1. 1. Digital Business & GDPR Jacques Folon Partner Edge Consulting Maître de conférences Université de Liège Professeur ICHEC Professeur invité Université de Lorraine (Metz) Visiting professor ESC Rennes School of Business
  2. 2. https://gdprfolder.eu © 2018 GDPRFOLDER.EU SPRL All Rights Reserved. Every company & self employed is concerned SM E Self employed Non profit Private sector Public sector
  3. 3. https://gdprfolder.eu © 2018 GDPRFOLDER.EU SPRL All Rights Reserved. employees Prospects ContactsUsers & clients Which Data ?
  4. 4. http://www.jerichotechnology.com/wp-content/uploads/2012/05/SocialMediaisChangingtheWorld.jpg
  5. 5. privacy ????? 6 http://www.fieldhousemedia.net/wp-content/uploads/2013/03/fb-privacy.jpg
  6. 6. Average number of Facebook « friends » in France: 177 in 2018 30
  7. 7. PRIVACYVS SOCIAL NETWORKS https://encrypted-tbn2.gstatic.com/images?q=tbn:ANd9GcQgeY4ij8U4o1eCuVJ8Hh3NlI3RAgL9LjongyCJFshI5nLRZQZ5Bg
  8. 8. 4 By giving people the power to share, we're making the world more transparent. The question isn't, 'What do we want to know about people?', It's, 'What do people want to tell about themselves?' Data privacy is outdated ! Mark Zuckerberg If you have something that you don’t want anyone to know, maybe you shouldn’t be doing it in the first place. Eric Schmidt
  9. 9. 1
  10. 10. 14SOURCE: http://mattmckeon.com/facebook-privacy/
  11. 11. 15
  12. 12. 16
  13. 13. 17
  14. 14. 18
  15. 15. 19
  16. 16. 20
  17. 17. 21 IN 2018
  18. 18. 1 Privacy statement confusion • 53% of consumers consider that a privacy statement means that data will never be sell or give • 43% only have read a privacy statement • 45% only use different email addresses • 33% changed passwords regularly • 71% decide not to register or purchase due to a request of unneeded information • 41% provide fake info 112 Source: TRUSTe survey
  19. 19. 24 http://1.bp.blogspot.com/-NqwjuQRm3Co/UCauELKozrI/AAAAAAAACuQ/MoBpRZVrZj4/s1600/Party-Raccoon-Get-Friends-Drunk-Upload-Facebook.jpg
  20. 20. The person who took the photo is a real friend 25 http://cdn.motinetwork.net/motifake.com/image/demotivational-poster/1202/reality-drunk-reality-fail-drunkchicks-partyfail-demotivational-posters-1330113345.jpg
  21. 21. privacy and graph search ?
  22. 22. 27
  23. 23. 28
  24. 24. 29
  25. 25. 30
  26. 26. From Big Brother to Big Other
  27. 27. http://fr.slideshare.net/bodyspacesociety/casilli-privacyehess-2012def Antonio Casili • Importance of T&C • Everybody speaks • mutual surveillance • Lateral surveillance
  28. 28. geolocalisation http://upload.wikimedia.org/wikipedia/commons/thumb/9/99/Geolocalisation_GPS_SAT.png/267px-Geolocalisation_GPS_SAT.png
  29. 29. data collection 1
  30. 30. 39
  31. 31. Interactions controlled by citizens in the Information Society http://ipts.jrc.ec.europa.eu/home/report/english/articles/vol79/ICT1E796.htm
  32. 32. Interactions NOT controlled by citizens in the Information Society http://ipts.jrc.ec.europa.eu/home/report/english/articles/vol79/ICT1E796.htm
  33. 33. GDPR
  34. 34. Codes of conducts and certifications !44
  35. 35. May 25, 2018 GDPR !!!
  36. 36. !54 A.CONTEXT B.SOME DEFINITIONS C.THE PRINCIPLES D.GDPR CONSEQUENCES E.METHODOLOGY
  37. 37. A : CONTEXT !55
  38. 38. IN 3 WORDS !56 • GDPR IS A "REGULATION" >< "DIRECTIVE" • WORLDWIDE INFLUENCE • CONSEQUENCES FOR COMPANIES AND PUBLIC SECTOR
  39. 39. !57 MAY 2018 ENTRY INTO FORCE MAY 25,2018 DISCUSSED SINCE 2014 VOTED IN 2016 RISKS PENALTIES 4% ANNUAL TO 20 M € COMPENSATION IN COURT REPUTATION IMPACT CONTRACT PROCESSES MARKETING ORGANISATION
  40. 40. B : SOME DEFINITIONS… !58
  41. 41. PERSONAL DATA !59 ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
  42. 42. PROCESSING !60 ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
  43. 43. CONTROLLER !61 controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
  44. 44. processor or sub-contractor !62 processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
  45. 45. Sub-contractor 129 The Member States shall provide that the controller must, where processing is carried out on his behalf, choose a processor providing sufficient guarantees in respect of the technical security measures and organizational measures governing the processing to be carried out, and must ensure compliance with those measures
  46. 46. 64 The carrying out of processing by way of a processor must be governed by a contract or legal act binding the processor to the controller and stipulating in particular that: - the processor shall act only on instructions from the controller, - the obligations as defined by the law of the Member State in which the processor is established, shall also be incumbent on the processor
  47. 47. data breach !65 personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed
  48. 48. C : 12 MAIN PRINCIPLES OF GDPR !66 1. Accountability 2. Consumer / citizen rights 3. Privacy by design 4. Information security 5. Data breach 6. Penalties 7. identity access management 8. lawfulness for processing 9. Register 10.Risk analysis and PIA 11.Training 12.Data privacy officer
  49. 49. 1/ ACCOUNTABILITY !67
  50. 50. DO-CU-MEN-TA-TION
  51. 51. PRIVACY POLICY OR REGULATION OR …
  52. 52. 2/ Consumer/citizen's right !72 TRANSPARENCY SENSITIVE INFORMATIONS INFORMATION COLLECTED RIGHT OF ACCESS RIGHT TO RECTIFICATION RIGHT TO ERASE RIGHT OF PROCESSING LIMITATION PORTABILITY RIGHT OF OPPOSITION TO PROFILING
  53. 53. RIGHT TO ACCESS
  54. 54. right to be forgotten ?
  55. 55. Right to be forgotten • On 13.05.2014 the European Union Court of Justice backed a ruling called “the right to be forgotten,” which allows individuals to control their data and ask search engines, such as Google, to remove inadequate personal results from the Internet. • However, the decision cannot be interpreted as a “victory” for the protection of the personal data of Europeans, according to privacy experts.
  56. 56. • In 2010 a Spanish citizen lodged a complaint against a Spanish newspaper with the national Data Protection Agency and against Google Spain and Google Inc. • The citizen complained that an auction notice of his repossessed home on Google’s search results infringed his privacy rights because the proceedings concerning him had been fully resolved for a number of years and hence the reference to these was entirely irrelevant. • He requested, first, that the newspaper be required either to remove or alter the pages in question so that the personal data relating to him no longer appeared; • and second, that Google Spain or Google Inc. be required to remove the personal data
  57. 57. • In its ruling of 13 May 2014 the EU Court said : • a)On the territoriality of EU rules: Even if the physical server of a company processing data islocated outside Europe, EU rules apply to search engine operators if they have a branch or a sub sidiary in a Member State which promotes the selling of advertising space offered by the search engine; • b)On the applicability of EU data protection rules to a search engine : Search engines are controllers of personal data. Google can therefore not escape its responsibilities before European lawwhen handling personal data by saying it is a search engine. EU data protection law applies and so does the right to be forgotten. • c) On the “Right to be Forgotten” : Individuals have the right - under certain conditions - to ask search engines to remove links with personal information about them.This applies where the information is inaccurate, inadequate, irrelevant or excessive for the purposes of the data
  58. 58. • At the same time, the Court explicitly clarified that the right to be forgotten is not absolute but will always need to be balanced against other fundamental rights, such as the freedom of expression and of the media
  59. 59. • Right to erasure (future rules?) • 1.The data subject shall have the right to obtain from the controller the erasure of personal data relating to them and the abstention from further dissemination of such data, and to obtain from third parties the erasure of any links to, or copy or replication of that data, where one of the following grounds applies: • (a) the data are no longer necessary in relation to the purposes for which they were collected or otherwise processed • (b) the data subject withdraws consent on which the processing is based according • (c) when the storage period consented to has expired and where there is no other legal ground for the processing of the data
  60. 60. 3/ PRIVACY BY DESIGN !80
  61. 61. INFORMATION LIFECYCLE
  62. 62. Look at the entire data lifecycle
  63. 63. 1.CREATE OR
  64. 64. BALANCE TEST NEEDED
  65. 65. PRIVACY POLICY OR REGULATION OR …
  66. 66. CONSENT & EVIDENCES
  67. 67. SENSITIVE DATA IF THENOR
  68. 68. 2.STORE • SECURITY • ENCRYPTION • AUTHENTICATION • AVAILABILITY • CONFIDENTIALITY • IAM
  69. 69. 3. USE
  70. 70. 4. SHARE
  71. 71. 4. SHARE
  72. 72. 5.ARCHIVE
  73. 73. 6. DESTROY
  74. 74. 4/INFORMATION SECURITY !94
  75. 75. The weakest link
  76. 76. SECURITY SOURCE DE L’IMAGE: http://www.techzim.co.zw/2010/05/why-organisations-should-worry-about- security-2/
  77. 77. Source : https://www.britestream.com/difference.html.
  78. 78. Threats
  79. 79. Who knows … now?
  80. 80. certifications
  81. 81. Control by the employer 161SOURCE DE L’IMAGE: http://blog.loadingdata.nl/2011/05/chinese-privacy-protection-to-top-american/
  82. 82. What your boss thinks...
  83. 83. Employees share (too) many information and also with third parties
  84. 84. Where do one steal data? •Banks •Hospitals •Ministries •Police •Newspapers •Telecoms •... Which devices are stolen? •USB •Laptops •Hard disks •Papers •Binders •Cars
  85. 85. 63 RESTITUTIONS
  86. 86. DATA PRIVACY & THE EMPLOYER 45http://i.telegraph.co.uk/multimedia/archive/02183/computer-cctv_2183286b.jpg
  87. 87. SO CALLED HIDDEN COSTS 46 http://www.theatlantic.com/technology/archive/2011/09/estimating-the-damage-to-the-us-economy-caused-by-angry-birds/244972/
  88. 88. May the employer control everything?
  89. 89. Who controls what?
  90. 90. Could my employer open my emails? 169
  91. 91. IAM
  92. 92. 114 CODE OF CONDUCTS
  93. 93. TELEWORKING
  94. 94. Employer’s control 177 http://fr.slideshare.net/olivier/identitenumeriquereseauxsociaux
  95. 95. 121
  96. 96. 48
  97. 97. 86 SECURITY IS A LEGAL OBLIGATION
  98. 98. 5/ DATA BREACH !124
  99. 99. Data breaches
  100. 100. Disastrous data breaches
  101. 101. So it is a real threat !
  102. 102. 6/ PENALTIES !128
  103. 103. 7/ IDENTITY ACCESS MANAGEMENT !129
  104. 104. 8/ LAWFULNESS OF PROCESSING !130 CONSENT MUST BE EXPLICIT
  105. 105. 131 'the data subject's consent' shall mean any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed
  106. 106. 132
  107. 107. OPT IN
  108. 108. 134 Member States shall provide that personal data must be: (a) processed fairly and lawfully; (b) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes. Further processing of data for historical, statistical or scientific purposes shall not be considered as incompatible provided that Member States provide appropriate safeguards; (c) adequate, relevant and not excessive in relation to the purposes for which they are collected and/or further processed; (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that data which are inaccurate or incomplete, having regard to the purposes for which they were collected or for which they are further processed, are erased or rectified; (e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected or for which they are further processed. Member States shall lay down appropriate safeguards for personal data stored for longer periods for historical, statistical or scientific use.
  109. 109. 135 Member States shall provide that personal data may be processed only if: (a) the data subject has unambiguously given his consent; or (b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; or (c) processing is necessary for compliance with a legal obligation to which the controller is subject; or (d) processing is necessary in order to protect the vital interests of the data subject; or (e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or in a third party to whom the data are disclosed
  110. 110. 136 Member States shall prohibit the processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of data concerning health or sex life
  111. 111. 125 Member States shall provide that the controller or his representative must provide a data subject from whom data relating to himself are collected with at least the following information, except where he already has it: (a) the identity of the controller and of his representative, if any; (b) the purposes of the processing for which the data are intended; (c) any further information such as - the recipients or categories of recipients of the data, - whether replies to the questions are obligatory or voluntary, as well as the possible consequences of failure to reply, - the existence of the right of access to and the right to rectify the data concerning him in so far as such further information is necessary, having regard to the specific circumstances in which the data are collected, to guarantee fair processing in respect of the data subject
  112. 112. Cookies
  113. 113. 9/ RECORD OF PROCESSING ACTIVITIES !142 RECORD
  114. 114. 10/ RISK ANALYSIS AND PIA !143
  115. 115. 11/ TRAINING !144
  116. 116. INTERNAL TRAININGS
  117. 117. 12/ DATA PRIVACY OFFICER !146
  118. 118. D : CONSEQUENCES !147
  119. 119. E : METHODOLOGY !148
  120. 120. METHODOLOGY !149 1. PRELIMINARY AUDIT 2. RISK ANALYSIS 3. LIST OF SERVICES 4. RECORD OF PROCESSING ACTIVITIES 5. ACTION PLAN 6. SERACH FOR COMPLIANCE 7. SOLUTION FOR NON COMPLIANCE 8. CONTINUOUS PROCESSES 9. TRAINING Préparation Implémentation Pérennisation
  121. 121. 154 Source de l’image : http://ediscoverytimes.com/?p=46
  122. 122. RISKS SOURCE DE L’IMAGE : http://www.tunisie-news.com/artpublic/auteurs/auteur_4_jaouanebrahim.html
  123. 123. Source: The Risks of Social Networking IT Security Roundtable Harvard Townsend
 Chief Information Security Officer Kansas State University
  124. 124. The new head of MI6 has been left exposed by a major personal security breach after his wife published intimate photographs and family details on the Facebook website. Sir John Sawers is due to take over as chief of the Secret Intelligence Service in November, putting him in charge of all Britain's spying operations abroad. But his wife's entries on the social networking site have exposed potentially compromising details about where they live and work, who their friends are and where they spend their holidays. http://www.dailymail.co.uk
  125. 125. Social Media Spam Compromised Facebook account. Victim is now promoting a shady pharmaceutical Source: Social Media: Manage the Security to Manage Your Experience; Ross C. Hughes, U.S. Department of Education
  126. 126. Social Media Phishing To: T V V I T T E R.com Now they will have your username and password Source: Social Media: Manage the Security to Manage Your Experience; Ross C. Hughes, U.S. Department of Education
  127. 127. Social Media Malware Clicking on the links takes you to sites that will infect your computer with malware Source: Social Media: Manage the Security to Manage Your Experience; Ross C. Hughes, U.S. Department of Education
  128. 128. Phishing Sources/ Luc Pooters, Triforensic, 2011
  129. 129. DATA THEFT
  130. 130. Social engineering Sources/ Luc Pooters, Triforensic, 2011
  131. 131. Take my stuff, please! Source: The Risks of Social Networking IT Security Roundtable Harvard Townsend
 Chief Information Security Officer Kansas State University
  132. 132. 3rd Party Applications •Games, quizzes, cutesie stuff •Untested by Facebook – anyone can write one •No Terms and CondiVons – you either allow or you don’t •InstallaVon gives the developers rights to look at your profile and overrides your privacy seYngs! Source: The Risks of Social Networking IT Security Roundtable Harvard Townsend
 Chief Information Security Officer Kansas State University
  133. 133. Big data 182
  134. 134. Biometry 186
  135. 135. facial recognition 187
  136. 136. RFID & internet of things 188 http://www.ibmbigdatahub.com/sites/default/files/public_images/IoT.jpg
  137. 137. SECURITY ???
  138. 138. 87 “It is not the strongest of the species that survives, nor the most intelligent that survives. It is the one that is the most adaptable to change.” C. Darwin
  139. 139. ANY QUESTIONS ?

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