1
Security and privacy convergence or
contradiction?

• . Constitutional rights beyond the security
  challenges

2
Security

• Information security preservation of
  confidentiality, integrity and availability of
  information
• Information Systems security refers to the
  protection of all elements constituting an IS
  (i.e. hardware, software, information, people,
  processes)
• Security is not a pure technical issue!

3
Risks and culture of security

• The nature, volume and sensitivity of information
  has expanded substantially
• Growing number and wider variety of threats and
  vulnerabilities
• Respond to a changing risk/security environment
  by promoting the culture of security, i.e.
  focus on security in the development of systems
  and networks and adoption of new ways of thinking
  and behaving

4
Privacy and Data Protection

• Informational self-determination
• Precondition of (deliberative) autonomy and
  freedom, of participation in communal life, as a
  member of a free, democratic society
• Object of the data protection legislation is to
  establish obligations and responsibilities, to
  provide the terms and conditions, under which the
  processing of personal data is to be carried out
  so as to protect the fundamental rights and
  liberties of natural persons and in particular
  their right to privacy

5
Security as regulatory obligation

• Security as a component of effective data
  protection?
• Convention 108 (81) Council of Europe
  Appropriate security measures for the
  protectionagainst accidental or unauthorised
  destruction, accidental loss, unauthorised
  access, alteration, dissemination (Art. 7)
• OECD Privacy Guidelines security principle

6
The Data Protection Directive

• The protectionrequiresappropriate technical and
  organisational measures, both at the time of the
  design of the processing system and at the time
  of the processing itself, particularly in order
  to maintain security and thereby to prevent any
  unauthorised processing.
• These measures must ensure the appropriate level
  of security taking into account the state of the
  art, the cost in relation to the risk and the
  nature of the data to be protected.

7
The Electronic Privacy Directive

• Security and Information about security risks
• Appropriate technical and organisational measures
  to safeguard security of services
• Information of subscribers in case of a
  particular risk of a breach of the security of
  the network
• The requirement to inform does not discharge from
  the obligation to face and remedy security risks
  and restore normal security level of the
  service

8
Privacy Enhancing Technologies

• PETs as a system of technological measures that
  minimize or eliminate the collection of data,
  without damaging the system itself
• The term PETS should be reserved for
  technological systems that are intentionally
  developed to promote privacy.
• We should distinguish PETs from respectively
  security enhancing technologies (i.e.mechanisms
  aimed primarily at ensuring the confidentiality,
  integrity and/or availability of data/information
  ( though not necessarily in order to promote
  personal privacy) and from patterns of mere
  behaviour , though there are considerable
  overlaps.

9
PETs, Security and User Empowerment

• Individuals should be placed in a position in
  which they are able to determine the use of
  technical and organizational protection tools
  themselves
• User empowerment as an alternative to protective
  regulation?
• The main objection to relying on user empowerment
  is simply, that PETs as a tool to fend for
  himself/herself are often and simply difficult to
  use.
• Therefore it is crucial that the default settings
  offer a high level of privacy protection.
  Engineering specifications should embody policies
  for data protection

10
PETs as PITs?

• PETs can be Privacy Invasive Technologies?
• Level of Privacy (pseudonymity where anonymity is
  arguably viable)
• Character of technological standard setting
  process (transparency, legitimacy etc.)
• Context in which PETs are applied and effect of
  application
• PETs as palliative for the introduction of a PIT
  and for the disempowerment of rules and
  authorities

11
Security and Privacy

• An attack may not necessarily breach
  confidentiality or privacy of the data.   
• Adequate security protects more than just
  privacy it also protects the integrity and
  availability of information resources.
• Ensuring data privacy requires implementing
  adequate security measures and introducing
  security mechanisms including authentication,
  secure access control, encryption and security
  management practices.

12
Privacy Invasive Security?

• Inherent tension between privacy and security.
  Security measures are not identified with privacy
  protective and enhancing measures
• Anonymity and pseudonymity are not included in
  any security definition!
• All the current authentication technologies
  needed for authorisation and accountability of
  users involve the use of personal information or
  attributes that can be linked to personally
  identifiable information.
• Risk analysis tools focus on authentication and
  identification but make no provision to minimise
  the collection of personal data during these
  procedures.

13
Authentication procedures

• Some situations require strong identification to
  combat crime and fraud, attacks and threats.
• Excessive personal data may be collected during
  authentication procedure within a system.
• Cryptographic methods to ensure the integrity of
  data in electronic transactions raise privacy
  implications, which include the collection of
  personal data and the creation of systems of
  personal identification.

14
Security in the context of e-voting

• Security is a multidimensional notion in the
  context of e-voting. Security primarily refers to
  the (technically guaranteed) respect of secrecy
  and freedom but it covers the entire range of
  functions and election components such as
  registration, eligibility and authentication.
• Security is a technical criterion, which aims
  at protecting integrity, generality, equality,
  freedom, secrecy and fairness of elections.
• Not only a technical issue, but a political issue
  as well, as its lack undermines legitimacy and
  trust of the public in the election process

15
Security contra voting rights?

• Security against external threats and attacks. It
  is generally not feasible to remove fraudulent
  ballots from an election tally because it may be
  impossible to determine which ballots should not
  have been counted.
• Security must of course not jeopardize the voting
  principles that it has to guarantee secrecy,
  transparency and verifiability!
• Authentication/Identification that threats
  secrecy?
• Security and confidence are not only means of
  making elections secure, but also means of
  convincing citizens that the system is secure.

16
Workplace Surveillance

• Protecting a system from insider threat or misuse
  involves deterrence, prevention and containment
  of misuse.
• ISO/IEC 17799 proposes personnel screening as a
  sub-category of personnel security, aiming at
  information security management.
• Monitoring and surveillance of electronic
  communications is an intrusion in workers
  privacy
• Balance of interests transparency and
  proportionality of risks and monitoring.

17
Democracy as a security-frontier?

• The security of information systems and networks
  should be compatible with essential values of a
  democratic society.
• Security should be implemented in a manner
  consistent with the values recognised by
  democratic societies including the freedom to
  exchange thoughts and ideas, the free flow of
  information, the confidentiality of information
  and communication, the appropriate protection of
  personal information, openness and transparency
  (OECD Guidelines for the Security of Information
  Systems and Networks 2002)

18
Conclusion

• Technology could and should be used to enhance
  democracy.A first condition for successful
  protection of freedoms and rights is the
  transposition of the legal demands into technical
  standards integrated into technology.
• Risk assessment and rights impact assessment
  measures should be evaluated against the question
  does this meet democratic standards?
• A democratic society should accept even security
  risks!

19
References

• Institute for Prospective Technological Studies
  (IPTS), Security and Privacy for the Citizen in
  the Post-September 11 Digital Age (2003)
• OECD - Group of Experts on Information Security
  and Privacy, Privacy Protection in a global
  networked society. (Paris 1998)
• Ana I. Vicente, La convergence de la sécurité
  informatique et la protection des données à
  caractère personnel Vers une nouvelle approche
  juridique (2003)
• L. Mitrou/D.Gritzalis/S. Katsikas, Electronic
  voting Constitutional and legal requirements and
  their technical implications (Kluwer, 2003)
• L. Mitrou/K. Moulinos, Privacy and Data
  Protection in Electronic Communications
  (Springer, 2003)
• Lee Bygrave, PETs, Caught between a Rock and a
  Hard Place, European Commission -Data Protection
  Conference (Brussels 2002)
• M. Te??a??d??, ? e? t?? ?s? ape??? sta
  ?????f???a?? S?st?µata, ??p??µat??? ???as?a, ???
  2004

20
Security and privacy convergence or
contradiction?

• . Constitutional rights beyond the security
  challenges

21
Security

• Information security preservation of
  confidentiality, integrity and availability of
  information
• Information Systems security refers to the
  protection of all elements constituting an IS
  (i.e. hardware, software, information, people,
  processes)
• Security is not a pure technical issue!

22
Risks and culture of security

• The nature, volume and sensitivity of information
  has expanded substantially
• Growing number and wider variety of threats and
  vulnerabilities
• Respond to a changing risk/security environment
  by promoting the culture of security, i.e.
  focus on security in the development of systems
  and networks and adoption of new ways of thinking
  and behaving

23
Privacy and Data Protection

• Informational self-determination
• Precondition of (deliberative) autonomy and
  freedom, of participation in communal life, as a
  member of a free, democratic society
• Object of the data protection legislation is to
  establish obligations and responsibilities, to
  provide the terms and conditions, under which the
  processing of personal data is to be carried out
  so as to protect the fundamental rights and
  liberties of natural persons and in particular
  their right to privacy

24
Security as regulatory obligation

• Security as a component of effective data
  protection?
• Convention 108 (81) Council of Europe
  Appropriate security measures for the
  protectionagainst accidental or unauthorised
  destruction, accidental loss, unauthorised
  access, alteration, dissemination (Art. 7)
• OECD Privacy Guidelines security principle

25
The Data Protection Directive

• The protectionrequiresappropriate technical and
  organisational measures, both at the time of the
  design of the processing system and at the time
  of the processing itself, particularly in order
  to maintain security and thereby to prevent any
  unauthorised processing.
• These measures must ensure the appropriate level
  of security taking into account the state of the
  art, the cost in relation to the risk and the
  nature of the data to be protected.

26
The Electronic Privacy Directive

• Security and Information about security risks
• Appropriate technical and organisational measures
  to safeguard security of services
• Information of subscribers in case of a
  particular risk of a breach of the security of
  the network
• The requirement to inform does not discharge from
  the obligation to face and remedy security risks
  and restore normal security level of the
  service

27
Privacy Enhancing Technologies

• PETs as a system of technological measures that
  minimize or eliminate the collection of data,
  without damaging the system itself
• The term PETS should be reserved for
  technological systems that are intentionally
  developed to promote privacy.
• We should distinguish PETs from respectively
  security enhancing technologies (i.e.mechanisms
  aimed primarily at ensuring the confidentiality,
  integrity and/or availability of data/information
  ( though not necessarily in order to promote
  personal privacy) and from patterns of mere
  behaviour , though there are considerable
  overlaps.

28
PETs, Security and User Empowerment

• Individuals should be placed in a position in
  which they are able to determine the use of
  technical and organizational protection tools
  themselves
• User empowerment as an alternative to protective
  regulation?
• The main objection to relying on user empowerment
  is simply, that PETs as a tool to fend for
  himself/herself are often and simply difficult to
  use.
• Therefore it is crucial that the default settings
  offer a high level of privacy protection.
  Engineering specifications should embody policies
  for data protection

29
PETs as PITs?

• PETs can be Privacy Invasive Technologies?
• Level of Privacy (pseudonymity where anonymity is
  arguably viable)
• Character of technological standard setting
  process (transparency, legitimacy etc.)
• Context in which PETs are applied and effect of
  application
• PETs as palliative for the introduction of a PIT
  and for the disempowerment of rules and
  authorities

30
Security and Privacy

• An attack may not necessarily breach
  confidentiality or privacy of the data.   
• Adequate security protects more than just
  privacy it also protects the integrity and
  availability of information resources.
• Ensuring data privacy requires implementing
  adequate security measures and introducing
  security mechanisms including authentication,
  secure access control, encryption and security
  management practices.

31
Privacy Invasive Security?

• Inherent tension between privacy and security.
  Security measures are not identified with privacy
  protective and enhancing measures
• Anonymity and pseudonymity are not included in
  any security definition!
• All the current authentication technologies
  needed for authorisation and accountability of
  users involve the use of personal information or
  attributes that can be linked to personally
  identifiable information.
• Risk analysis tools focus on authentication and
  identification but make no provision to minimise
  the collection of personal data during these
  procedures.

32
Authentication procedures

• Some situations require strong identification to
  combat crime and fraud, attacks and threats.
• Excessive personal data may be collected during
  authentication procedure within a system.
• Cryptographic methods to ensure the integrity of
  data in electronic transactions raise privacy
  implications, which include the collection of
  personal data and the creation of systems of
  personal identification.

33
Security in the context of e-voting

• Security is a multidimensional notion in the
  context of e-voting. Security primarily refers to
  the (technically guaranteed) respect of secrecy
  and freedom but it covers the entire range of
  functions and election components such as
  registration, eligibility and authentication.
• Security is a technical criterion, which aims
  at protecting integrity, generality, equality,
  freedom, secrecy and fairness of elections.
• Not only a technical issue, but a political issue
  as well, as its lack undermines legitimacy and
  trust of the public in the election process

34
Security contra voting rights?

• Security against external threats and attacks. It
  is generally not feasible to remove fraudulent
  ballots from an election tally because it may be
  impossible to determine which ballots should not
  have been counted.
• Security must of course not jeopardize the voting
  principles that it has to guarantee secrecy,
  transparency and verifiability!
• Authentication/Identification that threats
  secrecy?
• Security and confidence are not only means of
  making elections secure, but also means of
  convincing citizens that the system is secure.

35
Workplace Surveillance

• Protecting a system from insider threat or misuse
  involves deterrence, prevention and containment
  of misuse.
• ISO/IEC 17799 proposes personnel screening as a
  sub-category of personnel security, aiming at
  information security management.
• Monitoring and surveillance of electronic
  communications is an intrusion in workers
  privacy
• Balance of interests transparency and
  proportionality of risks and monitoring.

36
Democracy as a security-frontier?

• The security of information systems and networks
  should be compatible with essential values of a
  democratic society.
• Security should be implemented in a manner
  consistent with the values recognised by
  democratic societies including the freedom to
  exchange thoughts and ideas, the free flow of
  information, the confidentiality of information
  and communication, the appropriate protection of
  personal information, openness and transparency
  (OECD Guidelines for the Security of Information
  Systems and Networks 2002)

37
Conclusion

• Technology could and should be used to enhance
  democracy.A first condition for successful
  protection of freedoms and rights is the
  transposition of the legal demands into technical
  standards integrated into technology.
• Risk assessment and rights impact assessment
  measures should be evaluated against the question
  does this meet democratic standards?
• A democratic society should accept even security
  risks!

38
References

• Institute for Prospective Technological Studies
  (IPTS), Security and Privacy for the Citizen in
  the Post-September 11 Digital Age (2003)
• OECD - Group of Experts on Information Security
  and Privacy, Privacy Protection in a global
  networked society. (Paris 1998)
• Ana I. Vicente, La convergence de la sécurité
  informatique et la protection des données à
  caractère personnel Vers une nouvelle approche
  juridique (2003)
• L. Mitrou/D.Gritzalis/S. Katsikas, Electronic
  voting Constitutional and legal requirements and
  their technical implications (Kluwer, 2003)
• L. Mitrou/K. Moulinos, Privacy and Data
  Protection in Electronic Communications
  (Springer, 2003)
• Lee Bygrave, PETs, Caught between a Rock and a
  Hard Place, European Commission -Data Protection
  Conference (Brussels 2002)
• M. Te??a??d??, ? e? t?? ?s? ape??? sta
  ?????f???a?? S?st?µata, ??p??µat??? ???as?a, ???
  2004