This document discusses ethical, privacy, and data protection considerations for a project called DEVELOP. It outlines relevant ethical values like autonomy, dignity, inclusion and beneficence. It also discusses the right to privacy under the European Convention on Human Rights and EU data protection law. The document provides an overview of the EU Data Protection Directive and the new General Data Protection Regulation. It raises specific privacy and data protection issues like informed consent, data minimization, and anonymity that DEVELOP should address.
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In recent years, there has been a significant number of data privacy laws and regulations which have impacted business in different areas.
In this regard, many organizations are training their staff in order to avoid heavy penalties that are coming as a result of noncompliance.
Amongst others, the webinar covers:
• Some of the points that this webinar will cover:
• Privacy history - United Nations, EU/APAC/NA
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He is President of the New Jersey Chapter of (ISC)2, a charitable, nonprofit organization focused on disseminating knowledge, exchanging ideas, and encouraging community outreach efforts in an effort to advance information security practice and awareness.
Ken is also on the Executive and Threat Intelligence Committees of the Legal Services Information Sharing and Analysis Organization (LS-ISAO), a member-driven community providing a secure framework for sharing actionable threat intelligence and vulnerability information.
Alfonso (Al) is currently the Vice President of Data Privacy & Security at a public SaaS-based real estate management firm based in California. Prior to this role, he was the Head of IT Risk & Privacy and Data Protection Officer (DPO) for a global Fortune 500 luxury retailer responsible for protecting $6Bn in annual revenue from traditional brick and mortar and e-Commerce channels. He has also been the Chief Information Security Officer (CISO) for a private consulting firm specialized in regulatory advisory services, and held various Governance, Risk, Compliance, and Privacy leadership roles in Energy, Financial Services, Security and Insurance industries.
Alfonso holds a Masters in Information Systems from Stevens Institute of Technology in Hoboken, New Jersey, and a Bachelor’s degree in Computer Science & Engineering from New York University, Tandon School of Engineering, Polytechnic Institute in Brooklyn, New York.
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YouTube video: https://youtu.be/UdE3aaZKCH8
Website link: https://pecb.com/
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Overview of privacy and data protection considerations for DEVELOP
1. ETHICAL, PRIVACY & DATA
PROTECTION CONSIDERATIONS
Joanna Simon & Rachel Finn
Trilateral Research Ltd
2. PRIVACY, DATA PROTECTION & ETHICAL CONSIDERATIONS
Ethical considerations
Privacy challenges
Data protection legislation
Ethical values and principles underpin and inform privacy
and data protection considerations.
The concepts are intertwined.
Not simply about legislative compliance.
3. ETHICAL VALUES – RESPECT FOR AUTONOMY & DIGNITY
Autonomy (equated with liberty) – Art 6 European Charter of Fundamental Rights, Art 3 UN Universal Declaration of Human
Rights
QUESTIONS:
o Does DEVELOP curtail a person’s liberty in any way?
o Does DEVELOP have implications for a person’s freedom of movement or association?
o Is there a meaningful choice? I.e., what are the implications of not participating?
Dignity – Art 1 Charter, Art 1 Universal Declaration
Should be able to participate actively in formation and implementation of policies that affect their well-being.
Treated fairly regardless of age, gender, racial or ethic background, disability or other status.
QUESTIONS:
o Does DEVELOP violate dignity?
o Does DEVELOP mark users as cognitively or physically disabled (perhaps via non-participation?)?
PRIVACY is an essential component of autonomy and dignity
4. OTHER ETHICAL VALUES
Various other relevant ethical values: e.g. inclusion/exclusion, isolation, discrimination, beneficence,
accessibility
Does DEVELOP have any effect on the inclusion or exclusion of any groups?
Will DEVELOP replace human contact?
Could DEVELOP be seen as stigmatising for any particular group, including those who do not use the system?
Could DEVELOP be perceived as discriminating against any groups?
Who benefits and in what way? Employer, user, etc.?
Is a certain level of technological knowledge or physical capability required?
What are the consequences of not participating?
5. RIGHT AND EXPECTATION OF PRIVACY
Article 8 European Convention of Human Rights
Protects private life of individuals against arbitrary interference by public authorities and private organisations
covers 4 areas
o private life
o family life
o home
o correspondence
Article 7 Charter of Fundamental Rights of the European Union
6. EU DATA PROTECTION LAW
Legal Framework
Charter of Fundamental Rights of the European Union enshrines
data protection as a fundamental right
An individual’s personal data must be adequately protected
Article 8 Charter – “everyone has the right to the protection of personal data”
Principal EU legal instrument regulating data protection – Data Protection Directive (95/46/EC)
Regulates processing of data and free movement of such data
Designed to give substance to the principles in the right to privacy
Draft General Data Protection Regulation – to supersede the Data Protection Directive
7. DATA PROTECTION DIRECTIVE 95/46/EC
Article 6 – principles relating to data quality
Personal data must be:
Processed fairly and lawfully
Collected for specified, explicit and legitimate purposes
Adequate, relevant and not excessive in relation to
purpose for which collected/ processed
Accurate, kept up to date. Where inaccurate or
incomplete reasonable steps must be taken to rectify
or erase
Identification of data subjects for no longer than is necessary
8. DATA PROTECTION DIRECTIVE 95/46/EC
Article 7 – Criteria for making data processing legitimate
Personal data may be processed only if:
Data subject gives unambiguous consent, or
Processing is necessary for:
o performance of a contract, or
o compliance with a legal obligation, or
o protecting vital interests of the data subject, or
o performing task in the public interest/ exercise of official authority
o legitimate interests of data controller
9. DATA PROTECTION DIRECTIVE 95/46/EC
Article 8 – Special categories of data
Prohibition on processing personal data revealing:
Racial or ethnic origin
Political opinions
Religious or philosophical beliefs
Trade-union membership
Data concerning health or sex life
Exception – explicit consent
10. DATA PROTECTION DIRECTIVE 95/46/EC
Articles 10 & 11 – Information to be given to the data subject
Data controller must provide data subject with at least the following information:
Identity of the controller
The purposes of the processing
Any further information, such as
o Recipients or categories of recipients of the data
o Whether replies to questions are obligatory or voluntary, consequences of failure to answer (where data collected from data subject)
o Categories of data
o Existence of right of access and right to rectify data
11. DATA PROTECTION DIRECTIVE 95/46/EC
Article 12 – Right of access
Outlines individual’s rights of access to their data
Article 17 – Security of processing
Individual’s data should be protected from misuse and unauthorised disclosure or access
12. GENERAL DATA PROTECTION REGULATION – WHAT’S NEW?
Article 17 – Right to erasure (“right to be forgotten”)
Article 19 – Right to object – on grounds including profiling
Article 20 – Right not to be subject to a decision based solely on automated processing, including
profiling
13. GENERAL DATA PROTECTION REGULATION – WHAT’S NEW?
Article 23 – Data protection by design and by default
Implement appropriate technical and organisational measures designed to
implement data protection principles
Article 30 – Security of processing
Implement appropriate technical and organisation measures to ensure level of
security appropriate for risk, including:
o pseudonymisation and encryption of personal data
o ability to ensure the ongoing confidentiality, integrity, availability and resilience of systems
and services processing personal data;
o the ability to restore the availability and access to data in a timely manner in the event of a
physical or technical incident;
o a process for regularly testing, assessing and evaluating the effectiveness of technical
and organisational measures for ensuring the security of the processing.
14. PRIVACY AND DATA PROTECTION CONSIDERATIONS
Various privacy and data considerations flow from the ethical and legal constraints and values, e.g.:
Informed consent
Data minimisation
Data quality
Purpose specifications
Use limitation
Confidentiality
Transparency
Individual participation and access to data
Anonymity
Privacy of personal communications
15. INFORMED CONSENT
Art 7 EU Data Protection Directive – personal data can only be processed if data subject has unambiguously given consent
Consent must be meaningful:
Given freely after person informed of nature, significance, implications and risks
Questions:
How will DEVELOP obtain free and informed consent?
Informed of nature, significance, implications and risks of product?
Evidence in writing, dated, signed, marked in some way?
Does consent outline use for which data is collected, how it is collected, how to obtain copy of data, mechanism to correct
erroneous data, who has access to data?
Right to withdraw?
Truly voluntary? i.e. consequences of not consenting?
Employer/employee relationship is significant here.
16. DATA MINIMISATION
How will the project determine what constitutes the minimum
amount of personal data to be collected?
Will any data be collected which is not necessary for fulfilling
the stated purpose of the project?
Is information collected in ways of which the data subject is
unaware?
Is information collected against the wishes of the person?
For how long will the information be retained?
Will the information be deleted when it is no longer needed for the purpose for which it was collected?
17. DATA QUALITY
What measures will be put in place to ensure quality of information gathered?
What assurances that data is true and accurate?
Has information been collected from others than the person to whom it pertains?
What are the implications of data inaccuracies?
What measures are there to correct data inaccuracies?
18. CONFIDENTIALITY
What measure to ensure protection of personal data?
E.g., encryption, access control etc.
Who will have access to personal data?
What safeguards will be put in place to ensure those who have
access treat the information in confidence?
19. ANONYMITY
Have steps been taken to ensure that person cannot be identified from the data collected?
Have pseudonyms or codes been use to replace data that could identify the individual?
Could data from different sources be aggregated or matched in a way that undermines anonymity?
20. ACTION PLAN FOR UPCOMING DELIVERABLE
T4.1 – legal and
social
considerations –
due M09
Review legal
frameworks at EU
and national level
Review social
norms and
background for
each participating
country – drawing
on ethical principles
Draft framework of
legal and
social/ethical
considerations for
design of
DEVELOP
Framework to be
fed into design
principles for
DEVELOP, in
consultation with
other partners
21. CONSULT WITH CONSORTIUM
Partners to help us understand architecture
Describe information flows
Who will collect what
information?
• From whom?
• For what purpose?
How will the collected
information be used?
How will information be stored,
secured, processed and
distributed
• (i.e. to whom might the
organisation pass the
information)
• for what purpose
How well will secondary users
(e.g. the organisation’s service
providers, apps developers)
protect that information?
22. CONTACT US
Joanna Simon – joanna.simon@trilateralresearch.com
Rachel Finn – rachel.finn@trilateralresearch.com
Website: www.trilateralresearch.com
Twitter: @Trilateral_UK
E-mail: info@trilateralresearch.com
Phone: +44 (0)207 559 3550
Address: Crown House
72 Hammersmith Road
London
United Kingdom