LIVING WITH PRIVACY

1
LIVING WITH PRIVACY SECURITY LEGISLATION

• FRANCIS ALDHOUSE
• DEPUTY INFORMATION COMMISSIONER, UK

2
SECURITY CLIMATE

• Post 9/11 reaction
• OECD Security Guidelines
• Privacy/Security Interaction

3
ARE PRIVACY SECURITY OPPOSED?

• Security is not privacy
• Good information security can support privacy
• Sometimes security invades privacy
• Trade off rights and interests

4
INTERNATIONAL INSTRUMENTS

• Universal Declaration of Human Rights
• Art 12 No one shall be subjected to arbitrary
  interference with his privacy, family, home or
  correspondence, nor to attacks upon his honour
  and reputation. Everyone has the right to the
  protection of the law against such interference
  or attacks.
• International Convention on Civil and Political
  Rights
• Art 17 Very similar text

5
OECD GUIDELINESGOVERNING THE PROTECTION OF
PRIVACY TRANSBORDER FLOWS OF PERSONAL DATA23
September 1980

• Part Two
• Limits to collection lawful and fair means
• Relevant, accurate, complete and kept up to date
• Purpose specification
• Disclosure restriction use limitation
• Security
• Openness
• Individual participation
• Accountability
• Part Three
• Free flow and legitimate restrictions

6
CONTENTIOUS EXAMPLES

• Traffic Data Retention
• Part II Anti-terrorism, Crime Security Act 2001
• Voluntary code
• Is there a need?
• How much?
• How long?
• What for?

7
MISTAKEN EXAMPLES

• Regulation of Investigatory Powers Act 2000
• Access to communications data
• Lawful business regulations e-mail monitoring

8
CONCLUSION

• Human Rights Language
• Pressing social need
• Effectiveness
• Proportionality
• Chilling Effect
• Surveillance Society