Privacy, Security and Technology The Future of Privacy

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Privacy, Security and Technology   The Future of
Privacy
Ken Anderson Assistant Commissioner
(Privacy) Office of the Information and Privacy
Commissioner of Ontario
Riley Information Services - Ottawa March 31, 2008
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Outline

• Privacy What
• Privacy How
• Lets Talk Tech
• So, The Future

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1 Privacy What?
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Is Privacy?

• The Right to Be Left Alone?
• The Right to Decide Who Collects, Uses and
  Discloses Your Personal Information?

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Westins FourStates of Privacy

• Solitude
• Intimacy
• Anonymity
• Reserve

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Westins FourPrivacy Functions

• Personal autonomy
• Emotional release
• Self-evaluation
• Limited protected communication

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Arthur SchafersPhilosophical Overview

• Ensuring the definition for privacy fits

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Psychological Aspects of Privacy

• Laurence Brown boundaries control
• Fred Emery dissociation and withdrawal into
  privacy

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Another Sorting of Privacy

• Anita Allen Castellittos definition
• Four Types of Privacy
• Informational
• Physical
• Decisional
• Proprietary

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2 Privacy How?
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How?

• Rights Constitutions, Codes Courts
• Principles Fair Information Practices
• Oversight Carrots, Sticks and Backlash
• Culture Why Cant We Be Friends
• Niche Solutions Insurance, Construction liens
• Technology Design It In

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Rights Constitutions, Codes Courts
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Privacy in Canada?

• The Supreme Court has recognized that the
  primary purpose behind the right set out in s. 8
  of the Charter the right to be secure against
  unreasonable search and seizure is the
  protection of the privacy of the individual
• Joy Cheskes et al v. A-G of Ontario
• Ontario Superior Court of Justice
• September 19, 2007

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Fulfilling Privacy Requirements?

• In Ontario, in the absence of express statutory
  authority, an institution must not collect
  personal information unless it can satisfy a
  strict necessity test
• Ontario Court of Appeal
• Cash Converters v Oshawa (City)
• July, 2007

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Meeting the Necessity Test?

• In order to meet the necessity condition, the
  institution must show that each item or class of
  personal information that is to be collected is
  necessary to properly administer the lawfully
  authorized activity. Consequently, where the
  personal information would merely be helpful to
  the activity, it is not necessary within the
  meaning of the Act. Similarly, where the purpose
  can be accomplished another way, the institution
  is obliged to choose the other route. freedom
  disappears
• Ontario Court of Appeal
• Cash Converters v Oshawa (City)
• July, 2007

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Principles Fair Information Practices
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Fair Information Practices A Very Brief History

• OECD Guidelines on the Protection of Privacy and
  Transborder Flows of Personal Data (1980)
• European Union Directive on Data Protection
  (1995/1998)
• CSA Model Code for the Protection of Personal
  Information (1996)
• United States Safe Harbor Agreement (2000)
• Global Privacy Standard (2006)

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Global Privacy Standard

• In 2005, at the 27th International Data
  Protection Commissioners Conference in Montreux,
  Switzerland, Ontarios Commissioner chaired a
  Working Group of Commissioners convened for the
  sole purpose of creating a single Global Privacy
  Standard (GPS)
• GPS builds upon strengths of existing codes
  containing time-honoured privacy principles -
  enhancements by explicitly recognizing concept of
  data minimization under collection limitation
  principle
• Final version of GPS formally tabled and accepted
  in London, U.K. November 3, 2006, at 28th
  International Data Protection Commissioners
  Conference

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Global Privacy StandardPrivacy Principles

• Consent
• Accountability
• Purposes
• Collection Limitation Data Minimization
• Use, Retention, Disclosure Limitation
• Accuracy
• Security
• Openness
• Access
• Compliance

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New Fair Information Standards?

• In Australia, Roger Clarke has written on
  Beyond the OECD Guidelines Privacy Protection
  for the 21st Century beginning in 2000

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Oversight Carrots, Sticks and Backlash
leadership/guidance
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Culture Why Cant We Be Friends what if we
treat personal information like money or like
nuclear waste?
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Niche Solutions insurance construction
law approach audits international standards
(ISO, WTO?)
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3 Lets Talk Tech
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Privacy-Enhancing Technologies(PETs)

• The IPC developed the concept and methodology
  recognized around the world today as
  privacy-enhancing technologies (PETs)
• In 1995, the IPC and the Dutch Data Protection
  Authority published the landmark study,
  Privacy-Enhancing Technologies The Path to
  Anonymity (Vols. I II).
• www.ipc.on.ca/images/Resources/anoni-v2.pdf
• PETs are transformative they change privacy
  problems into privacy solutions

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Privacy by Design Build It In

• Build in privacy up front, into the design
  specifications into the architecture if possible
  embed privacy right into the technology used
  bake it in
• Assess the risks to privacy conduct a privacy
  impact assessment follow up with annual privacy
  audits
• Data minimization is key minimize the routine
  collection and use of personally identifiable
  information use encrypted or coded information
  whenever possible
• Use privacy enhancing technologies (PETs) give
  your customers maximum control over their data.

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Privacy-Enhancing Technologies(PETs)

• Privacy-Enhancing Technologies include those that
  empower individuals to manage their own
  identities in a privacy enhancing manner.
• These include tools or systems to
• anonymize and pseudonymize identities
• securely manage login IDs and passwords and other
  authentication requirements
• restrict traceability and limit surveillance
• allow users to selectively disclose their
  Personally Identifiable Information (PII) to
  others and exert maximum control over their PII
  once disclosed.

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Benefits of PETs

• Data protection, such as encryption, is markedly
  less expensive than cleaning up after a data
  breach
• Research has shown that it would cost about 6
  per customer account to encrypt data
• Avivah Litan, Gartner Analyst
• The cost of a breach is much higher 30 times
  higher
• In 2006, the average number of records
  compromised in a corporate privacy breach was
  about 25,000
• At an average cost of 182 per record, this meant
  that each privacy breach incident cost 4.7
  million
• Ponemon Institute
• 100,000 records encrypted 600,000 vs.
• 100,000 records breached 18,200,000
• You do the math.

www.ponemon.org/press/Ponemon_200620Data20Breach
20Cost_FINAL.pdf
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What Privacy is Not

• Privacy ? Security

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Privacy and Security The Difference

• Authentication
• Data Integrity
• Confidentiality
• Non-repudiation
• Privacy Data Protection
• Fair Information Practices
• Use of Personally Identifiable Information (PII)

• Security
• Organizational control of information through
  information systems

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Privacy OR SecurityA Zero-Sum Game
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Positive-Sum Model

• Change the paradigm
• from a zero-sum to
• a positive-sum model
• Create a win-win scenario

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Looking at Privacy Differently

• Old World Zero-sum mentality
• Future Positive-sum paradigm

Dont get stuck in the past
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• Example 1
• Biometrics and
• Biometric Encryption

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Biometrics and Biometric Encryption

• Biometrics refers to automatic systems that use
  measurable, physical or physiological
  characteristics or behavioural traits to
  recognize the identity, or verify/authenticate
  the claimed identity of an individual (e.g.,
  fingerprints, iris, face, hand or finger
  geometry, retina, voice, signature, and keystroke
  dynamics)
• What is Biometric Encryption (BE)?
• Class of emerging untraceable biometric
  technologies that seek to transform the biometric
  data provided by the user
• Special properties - uniqueness-
  irreversibility

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Privacy and BiometricsConcerns and Risks

• Creation of large centralized databases
• Far-reaching consequences of errors in
  large-scale networked systems
• Interoperability invites unintended additional
  secondary uses
• Security risks
• Function creep
• Expanded surveillance, discrimination
• Negative impacts of errors, false matches, etc.
• Diminished oversight
• Absence of individual knowledge or consent
• Loss of personal control
• Misuse of data (data breach, ID fraud, theft)
• Loss of user confidence, acceptance, trust, use

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Biometric Encryption A Positive-Sum Technology
that Achieves Strong Authentication, Security AND
Privacy

• Commissioner Cavoukian co-authored a paper with
  Biometrics Scientist Alex Stoianov that
  discusses
• privacy-enhanced uses of biometrics, with a
  particular focus on the privacy and security
  advantages of BE over other uses of biometrics
• how BE technology can help to overcome the
  prevailing zero-sum mentality (i.e., that
  adding privacy to identification and information
  systems will necessarily weaken security and
  functionality)

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Applications and Uses of Biometric Encryption

• Possible applications and uses include
• Biometric ticketing for events
• Biometric boarding cards for air travel
• Identification, credit and loyalty card systems
• Anonymous (untraceable) labeling of sensitive
  records (medical, financial)
• Consumer biometric payment systems
• Access control to personal computing devices
• Personal encryption products
• Local or remote authentication to access files
  held by government and other various
  organizations.

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Biometric Encryption Current Initiatives

• University of Toronto
• Researching a made-in-Ontario BE algorithm
  (facial recognition, self-exclusion program for
  OLG)
• Bell Canada, Philips (privID BE), PerSay
  (Israel)
• Exploring a pilot project regarding BE and voice
  biometrics for customer authentication
• IBM
• Monitoring IBMs research project regarding
  privacy-enhancing biometrics

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• Example 2
• Video Surveillance

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IPCs Work On Video Surveillance

• The IPC has issued guidelines regarding the use
  of video surveillance
• Guidelines for the Use of Video Surveillance
  Cameras in Public Places
• Guidelines for Using Video Surveillance
  Cameras in Schools
• In December 2007, the IPC was invited by the U.S.
  Department of Homeland Security to speak at a
  workshop on best practices for CCTV programs

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Video Surveillance Focus

• Video surveillance (a.k.a. CCTV) is receiving
  attention in Canada and internationally. For
  example
• The Toronto Police Service is conducting a pilot
  project testing CCTV in specific high-crime
  areas, as an added tool for the detection and
  deterrence of crime and enhancing public safety
  and security concludes with an evaluation in
  Spring 2008
• In November 2007, a hospital surveillance camera
  was acknowledged to have helped police find a
  newborn girl who was snatched from a hospital in
  Sudbury
• In November 2006, the U.K. Information
  Commissioner published A Report on the
  Surveillance Society (followed by the launch in
  December 2007 of a Privacy Impact Assessment
  handbook for use in the U.K.)

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TTC Surveillance Cameras

• In March 2008, Ontario Commissioner rules
• that the Toronto Transit Systems
• expansion of its video surveillance system,
• for the purposes of public safety, was in
• compliance with Ontarios Municipal
• Freedom of Information and Protection of
• Privacy Act.
• However, the Commissioner recommended
• that the TTC undertake a number of specific
• steps to enhance privacy protection
• Personal information will only be collected for
  legitimate, limited and specific purposes
• Collection will be limited to the minimum
  necessary for the specified purposes and
• Personal information will only be used and
  disclosed for the specified purposes.

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4 The Future, Right Now
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Already Happening?

• Primelife
• Turbine
• Web 2.0
• Federated ID
• Economist "everywhere"

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Whats Required?

• Think Big, Pursue Whole Systems
• Think Small, Remember Why We Do This
• Look to Disruptive Technologies or Strategies
• Set Challenges
• Partners, PIAs, and Audits

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2. Privacy Security
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How to Contact Us

• Ken Anderson
• Office of the Information Privacy Commissioner
  of Ontario
• 2 Bloor Street East, Suite 1400
• Toronto, Ontario, Canada
• M4W 1A8
• Phone [phone]
• Web www.ipc.on.ca
• E-mail info_at_ipc.on.ca