Privacy, Security, ECommerce and the Internet:

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Privacy, Security, E-Commerce and the Internet

• Engineering in Privacy

Brian Foran Director of Privacy Impact
Assessment, Office of the Privacy Commissioner or
Canada
March 25, 2002
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Privacy and EthicsPrivacy and the LawPrivacy
and Technology
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Privacy and Ethics
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The claim to privacy finds moral justification in
the recognition that people need to have control
over matters that intimately relate to them
- Online Ethics Centre for Engineering and Science
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If privacy is diminished, we will not be able to
function fully as human beings
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Privacy is at the heart of liberty in the modern
state
- former Canadian Supreme Court Justice La Forest
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Privacy, security and confidentiality
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Privacy is the right to be let alone
- Justice Louis Brandeis Olmstead Vs. US 1928
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Privacy is the claim of individuals to determine
for themselves when, how, and to what extent
information about them is communicated to others.
- Alan Westin Privacy and Freedom 1967
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Privacy is the right to control access to ones
person and to information about oneself
- George Radwanski Privacy Commissioner of
Canada
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Types of privacy

• territorial privacy
• bodily privacy
• communications privacy
• informational privacy

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Informational privacy

• Concerning the collection and handling of
  personal data such as credit information and
  medical records

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In an information society, our individual
autonomy and our control are on the line
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Privacy ? Security Privacy ? Confidentiality
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Privacy

• An individual right
• individual control over ones own personal
  information

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Confidentiality

• An obligation of a custodian to protect the
  personal information in which it has been
  entrusted

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Security

• The process or manner of assessing the threats
  and risks and
• taking appropriate steps to protect the
  information

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Privacy and the law
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1. Privacy Act (public sector) 2. PIPED Act
(private sector)
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The Privacy Act An information handlers code of
ethics for the federal government
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• Its purpose
• to protect the privacy of an individuals
  personal information held by federal government
  institutions

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• Privacy Act
• limits the governments collection of personal
  information to what is necessary and relevant

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• Privacy Act
• requires the government to advise the individual
  directly of the purpose for this information
  prior to the collection

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• Privacy Act
• recognizes the inherent right of information
  ownership by the individual from whom it is
  collected

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• Privacy Act
• outlaws unrelated uses and disclosures of this
  personal information

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Privacy Act authorizes an independent ombudsman
- the Privacy Commissioner of Canada - to
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• Investigate complaints
• resolve problems
• conduct privacy audits
• oversee the governments compliance with the Act

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ThePersonal Information and Electronic Documents
Act (PIPED Act)
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Accords privacy protection to Canadians in their
dealings with the private sector
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Private-sector organizations covered under the
new law cannot
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• Collect
• use or disclose
• personal information about someone without his or
  her consent

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It applies to the federally regulated - banks -
telecommunications - broadcasting - transportation
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It also applies to the sale of personal
information across provincial or national borders
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It also applies to the three territories, where
the whole private sector is a federal work under
the Constitution.
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Privacy and Technology
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• Engineering and Privacy
• building privacy into systems and technology

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Digital AngelMobiltrakBiometrics
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Canadian Information Processing Society
(CIPS)www.cips.ca
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COACHwww.coachorg.com
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Computer Professionals for Social
Responsibilitywww.cpsr.org
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Computers, Freedom and Privacywww.cfp.org
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Privacy should be built in at the outset
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Privacy Impact Assessment

• analysis of the likely impacts on privacy of a
  project, practice or system

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Privacy Impact Assessment

• A feasibility study from a privacy perspective

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Office of the Privacy Commissioner of
Canada www.privcom.gc.ca