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Mitrou/Katsikas, Rights beyond the security c hallenges 1 “Security and privacy: convergence or contradiction?” ………. “Constitutional rights: beyond the security challenges” Lilian Mitrou/S. Katsikas University of the Aegean

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  • Slide 1
  • Mitrou/Katsikas, Rights beyond the security challenges 1 Security and privacy: convergence or contradiction? . Constitutional rights: beyond the security challenges Lilian Mitrou/S. Katsikas University of the Aegean
  • Slide 2
  • Mitrou/Katsikas, 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!
  • Slide 3
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 4
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 5
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 6
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 7
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 8
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 9
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 10
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 11
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 12
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 13
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 14
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 15
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 16
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 17
  • Mitrou/Katsikas, Rights beyond the security challenges 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)
  • Slide 18
  • Mitrou/Katsikas, Rights beyond the security challenges 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!
  • Slide 19
  • Mitrou/Katsikas, Rights beyond the security challenges 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 scurit informatique et la protection des donnes caractre 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. , , , 2004
  • Slide 20
  • Mitrou/Katsikas, Rights beyond the security challenges 20 Security and privacy: convergence or contradiction? . Constitutional rights: beyond the security challenges Lilian Mitrou/S. Katsikas University of the Aegean
  • Slide 21
  • Mitrou/Katsikas, 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!
  • Slide 22
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 23
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 24
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 25
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 26
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 27
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 28
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 29
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 30
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 31
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 32
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 33
  • Mitrou/Katsikas, Rights beyond the security challenges 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
  • Slide 34
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 35
  • Mitrou/Katsikas, Rights beyond the security challenges 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.
  • Slide 36
  • Mitrou/Katsikas, Rights beyond the security challenges 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)
  • Slide 37
  • Mitrou/Katsikas, Rights beyond the security challenges 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!
  • Slide 38
  • Mitrou/Katsikas, Rights beyond the security challenges 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 scurit informatique et la protection des donnes caractre 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. , , , 2004