Teaching PbD at legal ManaMa students Dr. E. J. Kindt IPEN 2015 Teaching Privacy by Design- IPEN Leuven - (c) E.J. Kindt 2 Overview Introduction PbD teaching at the ManaMa IP/ICT law KU Leuven o Background of the students o Theoretic principles o Use of two cases Future case ? Difficulties of implementing PbD and PETs Some conclusions Teaching Privacy by Design- IPEN Leuven - (c) E.J. Kindt 3 1. PbD teaching at the ManaMa IP/ICT law KU Leuven ManaMa - International scene : 144 students registered - Course on European Privacy and Data Protection : + 70 students - PbD in proposed Regulation Teaching Privacy by Design- IPEN Leuven - (c) E.J. Kindt 4 1. PbD teaching at the ManaMa IP/ICT law KU Leuven ManaMa - Legal principles of privacy and data protection - With topical debates and application to actual issues (eg data mining) - Limited time - PbD in class 4 (Rights) slides prepared in Pripare project : some examples: In Europe: Privacy Enhancing Technologies it also became clear that PbD can play an important role for enhancing the rights of the data subject (a priori safeguard). ...a more positive solution is to design and develop ICT in a way that respects privacy and data protection.. EDPS,2010) PbD empowers the user by.. eliminating/reducing personal data, preventing unnecessary and/or undesired processing or offering tools to enhance individuals' control over their personal data (EDPS, 2010) Widespread risks and failures [ ] particularly when they entail the misuse or breaches of personal data exposing the privacy of individuals, are likely to endanger user trust in the information society (EDPS, 2010) Users of ICT services are not in a position to take relevant security measures by themselves in order to protect their own or other persons personal data. (Art. 29 WP, 2009 ) 168 European Privacy and Data Protection Law (c) E. Kindt In Canada: PbD The concept of Privacy by Design could be represented as a trilogy of elements: Information Technology Accountable Physical Design Business Practices 169 European Privacy and Data Protection Law (c) E. Kindt 4.1. What does PbD mean for the design process? System developer System specifications End users Idea design End product/ service A generic design process could be described as follows: 162 European Privacy and Data Protection Law (c) E. Kindt 4.2. PbD: The development of a concept: In Europe: Privacy Enhancing Technologies From Directive 95/46/EC Data minimisation principle (Article 6.1 (b) & c): Obligation to security (Article 17 & Recital 61) To protect the fundamental right to privacy, the EC introduced obligations of data controllers on the basis of privacy principles. 164 European Privacy and Data Protection Law (c) E. Kindt Teaching Privacy by Design- IPEN Leuven - (c) E.J. Kindt 9 1. PbD teaching at the ManaMa IP/ICT law KU Leuven ManaMa - Theory - two practical cases cloud computing use of biometrics Teaching Privacy by Design- IPEN Leuven - (c) E.J. Kindt PbD teaching at the ManaMa IP/ICT law KU Leuven ManaMa - Evaluation - Limited discussion - Lack of interdisciplinary group - Not sure if they can understand the impact/need - Not sure if they will influence in direction of PbD Teaching Privacy by Design- IPEN Leuven - (c) E.J. Kindt Future case on PbD in ManaMa IP/ICT law KU Leuven ? ManaMa Future: new case to solve ? Teaching Privacy by Design- IPEN Leuven - (c) E.J. Kindt Future case on PbD in ManaMa IP/ICT law KU Leuven ? ManaMa Future: new case to solve ? Teaching Privacy by Design- IPEN Leuven - (c) E.J. Kindt Difficulties of implementing PbD and PETs More generally : Needs: (Future) legal professionals - Need to understand the principles and risks - Need also to understand how PbD works (some technicalities) - Want to know who develops/sells - Want to know where to find the tools needs for being able to make useful suggestions Teaching Privacy by Design- IPEN Leuven - (c) E.J. Kindt Difficulties of implementing PbD and PETs More generally : (Future) legal professionals : two pillars Education remains essential Platform ? Inventory of techniques and protocols - results - bottum up Meeting of the needs: who needs ? Who develops ? Teaching Privacy by Design- IPEN Leuven - (c) E.J. Kindt 15 Conclusions Education is essential Multidisciplinary aspect important but difficult to achieve Practical overviews of existing tools, developing companies, . to be further developed