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Ottawa security

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Zarsky security

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Ottawa security

  1. 1. Tal Zarsky 1
  2. 2. Introduction - Security/Privacy  Relation to privacy.  In the technical world, often mixed or confused  Privacy – concerns often result from firm’s intentional actions.  Security – often results from negligence. ○ Sometimes breaches follow even diligent actors. 2
  3. 3. Security/Privacy- Economic Comparison  The Economics of Privacy – at times breaches are beneficial.  Weak incentives to improve without laws. ○ Caveat – reputational costs.  The Economics of Security – security important to limit costs.  Problems: incentives too low, externalities. Market too slow to adapt.  Response – regulation. 3
  4. 4. Privacy/Security – Going Deeper  Possible Conflicts – Data access.  Often do not conflict.  Security implements privacy choices.  Important to analytically distinguish.  Which should receive harsher penalties and thresholds?  Bambauer: strict liability for security. ○ Destroy utility (?) ○ Bambauer – stricter for security, because of lack of competing interests. 4
  5. 5. Achieving Security- Basic Elements and Remedies  The human element  Physical element  Audits ex post.  Data limitations ex ante.  Security – monitoring, fire walls, passwords. Updated software.  Reliance on accepted standards  Ex post remedies – damages (class actions), fines, sanctions, shaming.  Element of risk (all systems have holes…)  Challenge of defining harms. 5
  6. 6. 1. 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, including inter alia as appropriate: (a) the pseudonymisation and encryption of personal data; (b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; (d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing. 2. In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed. 6
  7. 7. Basic Security - GPDR  Article 32 – requirement for ensuring “a level of security appropriate to the risk”  Noted measures: pseudosymmetry, encryption  Account for the “state of the art”.  Important factors – restoring system, assuring confidentiality, integrity, etc.  Require ongoing testing and evaluation.  Heavy sanctions – Article 83(4)(a). 7
  8. 8. DataSecurity – Beyond GDPR  Contracts (B2B, B2C).  Torts  Consumer Protection  Product Liability  Other:  Banking  Telecom  Critical Infra.  More… 8
  9. 9. Security – Comparative  Israel – three tier taxonomy.  US  General – FTC actions – and their limitations  Sector Specific – health, banking, credit, children…  State Specific ○ Encryption requirement (Mass.). 9

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