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- 1. DATA PRIVACY Jacques Folon www.folon.com Partner Edge Consulting Maître de conférences Université de Liège Chargé de cours ICHEC Brussels Professeur invité Université de Lorraine ESC Rennes IACE Tunis IAM OUagadougou http://www.nyls.edu/institute_for_information_law_and_policy/conferences/visualizing_law_in_the_digital_age/
- 2. All presentation and resources are available on WWW.FOLON.COM (cours)
- 3. Follow me on scoop.it for the latest news on data privacy and security http://www.scoop.it/t/management-2-entreprise-2-0
- 7. some recent facts & figures 24 présentation sur http://fr.slideshare.net/mediaventilo/50-chiffres-social-media-pour-2013-16005329?ref=http://altaide.typepad.com/jacques_froissant_altade/networking_rseaux_sociaux/ SOURCE
- 13. Average number of Facebook « friends » in France: 170 30
- 15. The person who took the photo is a real friend 15 http://cdn.motinetwork.net/motifake.com/image/demotivational-poster/1202/reality-drunk-reality-fail-drunkchicks-partyfail-demotivational-posters-1330113345.jpg
- 16. privacy and graph search ?
- 17. 17
- 18. 18
- 19. 19
- 20. 20
- 23. From Big Brother to Big Other
- 24. http://fr.slideshare.net/bodyspacesociety/casilli-privacyehess-2012def Antonio Casili • Importance of T&C • Everybody speaks • mutual surveillance • Lateral surveillance
- 27. 27
- 29. Interactions controlled by citizens in the Information Society http://ipts.jrc.ec.europa.eu/home/report/english/articles/vol79/ICT1E796.htm
- 30. Interactions NOT controlled by citizens in the Information Society http://ipts.jrc.ec.europa.eu/home/report/english/articles/vol79/ICT1E796.htm
- 31. some definitions
- 32. 'personal data' shall mean any information relating to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity
- 33. 'processing of personal data' ('processing') shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction
- 34. personal data filing system' ('filing system') shall mean any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis
- 35. 121 controller shall mean the natural or legal person, public authority, agency or any 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 processing are determined by national or Community laws or regulations, the controller or the specific criteria for his nomination may be designated by national or Community law;
- 36. 36 '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
- 37. 37 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.
- 38. 38 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
- 39. 39 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
- 40. 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
- 41. 41 Right of access Member States shall guarantee every data subject the right to obtain from the controller: (a) without constraint at reasonable intervals and without excessive delay or expense: - confirmation as to whether or not data relating to him are being processed and information at least as to the purposes of the processing, the categories of data concerned, and the recipients or categories of recipients to whom the data are disclosed, - communication to him in an intelligible form of the data undergoing processing and of any available information as to their source, - knowledge of the logic involved in any automatic processing of data concerning him at least in the case of the automated decisions referred to in Article 15 (1); (b) as appropriate the rectification, erasure or blocking of data the processing of which does not comply with the provisions of this Directive, in particular because of the incomplete or inaccurate nature of the data; (c) notification to third parties to whom the data have been disclosed of any rectification, erasure or blocking carried out in compliance with (b), unless this proves impossible or involves a disproportionate effort
- 42. OPT IN
- 43. 43
- 44. Coockies
- 46. Sub contractor
- 47. 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
- 48. 48 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
- 50. SECURITY SOURCE DE L’IMAGE: http://www.techzim.co.zw/2010/05/why-organisations-should-worry-about-security-2/
- 52. Everything must be transparent
- 54. Article 16 Confidentiality of processing Any person acting under the authority of the controller or of the processor, including the processor himself, who has access to personal data must not process them except on instructions from the controller, unless he is required to do so by law
- 55. Member States shall provide that the controller must implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. Having regard to the state of the art and the cost of their implementation, such measures shall ensure a level of security appropriate to the risks represented by the processing and the nature of the data to be protected.
- 56. 86 SECURITY IS A LEGAL OBLIGATION
- 57. What your boss thinks...
- 58. Employees share (too) many information and also with third parties
- 60. Where do one steal data? •Banks •Hospitals •Ministries •Police •Newspapers •Telecoms •... Which devices are stolen? •USB •Laptops •Hard disks •Papers •Binders •Cars
- 61. 63 RESTITUTIONS
- 63. 63
- 65. 154 Source de l’image : http://ediscoverytimes.com/?p=46
- 66. LA LOI SUR LA PROTECTION DES DONNES PERSONNELLES IMPOSE UNE SECURITE INFORMATIQUE !
- 68. 48
- 69. GOOD QUESTION ?
- 70. 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
- 72. 1
- 76. 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
- 77. http://www.psl.cs.columbia.edu/classes/cs6125-s11/presentations/2011/Presentation_Joyce_Chen.ppthy don’t we read privacy policies
- 78. http://www.psl.cs.columbia.edu/classes/cs6125-s11/presentations/2011/Presentation_Joyce_Chen.ppthy don’t we read privacy policies
- 81. 81
- 82. 82
- 83. 83
- 84. 84
- 85. 85
- 86. 86
- 89. Evaluation and Comparison of Privacy Policies-Accessibility/User-Friendliness Facebook Foursquare Google Buzz LinkedIn Twitter Number of words 5860 words 2,436 words 1,094 words 5,650 words 1,287 words Comparison to average Privacy Policy (based on 2,462 words) Above average Below average (but very close to the average) Below Average Above average Below average Amount of time it takes one to read (based on an average person reading speed--244 words /minute) Approx. 24 minutes Approx. 10 minutes Approx. 5 minutes Approx. 23 minutes Approx. 5 minutes Direct link to its actual privacy policy from the index page No Yes Yes Yes Yes Availability in languages other than English Yes Yes Yes Yes Yes Detailed explanation of privacy control/protection Yes Yes Yes No No Trust E-Verified Yes No No Yes No Linking and/or mentioning to U.S. Dept. of Commerce “Safe Harbor Privacy Principles” Yes No Yes Yes No Availability of contact information in case of questions Yes Yes No Yes Yes Coverage of kids privacy Yes Yes No Yes Yes Containing the clause that it reserves the right to change the privacy policy at any time Yes, but users will be notified Yes, but users will be notified http:// www.psl.cs.columbia .edu/classes/cs6125- Yes, but users will be notified of material changes Yes, but users will be notified of material changes http://www.psl.cs.columbia.edu/classes/cs6125-s11/presentations/2011/Presentation_Joyce_Chen.ppthy don’t we read privacy policies
- 90. Evaluation and Comparison of Privacy Policies – “Content” Facebook Foursquare Google Buzz LinkedIn Twitter Allowance of an opt- out option Yes Yes Yes Yes Yes Allowance of third- party access to users’ information Yes/No, depending on a user’s sharing setting and the information shared Yes Yes Yes Yes Discussion of the usage of cookie or tracking tools Yes Yes Not specified; but Google states that it records users’ use of their products Yes Yes Explicit statement of what type of information they share with third- parties Yes Yes Yes Yes Yes Sharing of users’ location data Yes Yes Yes Unclear; not mentioned in the Privacy Policy Yes http://www.psl.cs.columbia.edu/classes/cs6125-s11/presentations/2011/Presentation_Joyce_Chen.ppthy don’t we read privacy policies
- 91. Evaluation and Comparison of Account Creation Process Facebook Foursquare Google Buzz LinkedIn Twitter Number of fields required during the initial account creation 9 10 Zero if you have a Gmail account 4 6 Details that are required for a user to create an account First name, last name, email, password, gender, birthday First name, last name, password, email, phone, location, gender, birthday, photo None if you have a Gmail account First name, last name, email, password First name, username, password, email, “let others find me by my email,” “I want the inside scoop” Availability of explanation on required information Yes Yes Information on how Google Buzz works is available No Yes, actually includes the entire Terms of Service in a Text area box http://www.psl.cs.columbia.edu/classes/cs6125-s11/presentations/2011/Presentation_Joyce_Chen.ppthy don’t we read privacy policies
- 93. DATA PRIVACY & THE EMPLOYER 45http://i.telegraph.co.uk/multimedia/archive/02183/computer-cctv_2183286b.jpg
- 94. 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/
- 99. IAM
- 100. RISKS SOURCE DE L’IMAGE : http://www.tunisie-news.com/artpublic/auteurs/auteur_4_jaouanebrahim.html
- 101. Source: The Risks of Social Networking IT Security Roundtable Harvard Townsend Chief Information Security Officer Kansas State University
- 102. 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
- 103. 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
- 104. 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
- 105. 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
- 106. Phishing Sources/ Luc Pooters, Triforensic, 2011
- 107. DATA THEFT
- 108. Social engineering Sources/ Luc Pooters, Triforensic, 2011
- 109. Take my stuff, please! Source: The Risks of Social Networking IT Security Roundtable Harvard Townsend Chief Information Security Officer Kansas State University
- 110. Law of Unintended Consequences Source: The Risks of Social Networking IT Security Roundtable Harvard Townsend Chief Information Security Officer Kansas State University
- 111. 3rd Party Applications •Games, quizzes, cutesie stuff •Untested by Facebook – anyone can write one •No Terms and Condi=ons – you either allow or you don’t •Installa=on gives the developers rights to look at your profile and overrides your privacy seFngs! Source: The Risks of Social Networking IT Security Roundtable Harvard Townsend Chief Information Security Officer Kansas State University
- 112. 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.
- 113. • 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
- 114. • 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
- 115. • 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
- 116. • 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
- 117. Control by the employer 161SOURCE DE L’IMAGE: http://blog.loadingdata.nl/2011/05/chinese-privacy-protection-to-top-american/
- 118. what your boss thinks
- 119. BUT…
- 120. May the employer control everything?
- 121. Who controls what?
- 122. Could my employer open my emails? 169
- 123. 123 CODE OF CONDUCTS
- 127. TELEWORKING
- 129. Big data 182
- 131. Biometry 186
- 133. RFID & internet of things 188 http://www.ibmbigdatahub.com/sites/default/files/public_images/IoT.jpg
- 134. SECURITY ???
- 135. 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
- 137. ANY QUESTIONS ?