Ebooks in data privacy and protection

Summary

There seems to be an increasingly wide chasm between technological developments and the juridical paradigm. The juridical paradigm is focused on individual, subjective rights and personal interests, while new technological applications such as Big Data and mass surveillance do not revolve around the individual per se. The individual and individual interests are only incidental to these types of data analytics. These processes thrive on data sets about large groups of unidentified persons, from which statistical correlations and patterns are distilled. They can serve as a basis for data controllers to develop general policies and make decisions which have a significant impact on society.

This book will show that the legal privacy paradigm did not always focus on subjective rights and individual interests to the extent that it currently does. Rather, the focus was on duties of care for data controllers and states not to abuse their power, and on protecting general, societal interests. The turn to subjective rights and individual interests, a turn which is by no means exclusive to privacy and data protection, was seen as a sign of progress. Individuals could invoke rights themselves before a court of law if they were under the impression that their interests had been harmed. The shift from general obligations for data controllers to subjective rights for natural persons, and from a focus on general, societal interests to a focus on personal interests, was aimed at strengthening the position of the individual. The paradox, however, is that it is precisely due to the focus on subjective rights and personal interests that the position of the individual and her interests are no longer adequately protected in the current technological paradigm. That is why this book will argue for a renewed emphasis on duties of care and general, societal interests, and develop an additional approach to privacy regulation by turning to virtue ethics.

The first signs of such a shift may already be witnessed in recent developments in the various juridical privacy and data protection frameworks. This book will signal and explain those trends. Furthermore, it will develop a normative framework for this shift and the additional approach to privacy and data protection regulation that arises from that shift.

Summary

INTRODUCTION

The previous chapter argued that both the right to privacy and the right to data protection are (1) increasingly seen as subjective rights of natural persons instead of duties (of care) for states and data controllers, (2) increasingly focused on individual instead of general interests, (3) increasingly balanced by courts against other interests instead of a necessity test being applied and (4) increasingly codified (in detail) and enforced through legal means. As has been suggested in the introduction, in the current technological environment with developments such as Big Data, however, the individualized and legalized approach to privacy is becoming increasingly problematic. This will be discussed in Section 2 of this chapter. Section 3 shows that the European Court of Human Rights is confronted with this tension, especially in large data processing cases but also other matters, and is subsequently faced with a principled choice when dealing with these cases. Either it sticks to the basic pillars of the current privacy paradigm, as discussed in detail in the previous chapter, and consequently is unable to address those cases adequately, or it chooses to develop a new approach to privacy in order to adequately tackle the problems involved with these types of cases. Interestingly, it chooses the latter approach. Section 4 will analyze some of the scholarly literature in which alternatives to the current privacy paradigm have been proposed.

THE CHALLENGES BIG DATA POSES TO THE CURRENT LEGAL PARADIGM

This section discusses the current legal framework and shows on which points Big Data practices and mass surveillance activities may challenge the fundaments of the legal framework. It would go too far to discuss all points in detail. Instead, three conflicts will be shown. First, Big Data conflicts with the material provisions in the Data Protection Directive and the General Data Protection Regulation. Second, Big Data challenges law's focus on the individual. Third and finally, Big Data challenges regulation based exclusively on legal means. A few examples will be given to illustrate these three points, without aiming to be exhaustive.

BIG DATA AND DATA PROTECTION

The classic data protection principles seem to be challenged by Big Data processes. This is confirmed by a survey conducted among all DPAs in the European Union.

Summary

INTRODUCTION

Chapter II showed that both the privacy and the data protection paradigm have transformed of the years. These doctrines are (1) increasingly seen as subjective rights of natural persons instead of duties (of care) for states and data controllers, (2) increasingly focused on individual instead of general interests, (3) increasingly balanced by courts against other interests instead of a necessity test being applied and (4) increasingly codified (in detail) and enforced through legal means. Chapter III showed that these four characteristics are put under pressure by developments known as Big Data and mass surveillance. In particular, it argued that most of the material provisions in the Data Protection Directive and the General Data Protection Regulation are undermined and that the almost exclusive focus on the individual (rights, interests and balancing) and legal regulation are difficult to maintain.

Chapter III also showed that in jurisprudence, in the law and in the literature, there is an increasing awareness of these tensions. The European Court of Human Rights has been willing to let go of its individualized interpretation of privacy in exceptional cases, the General Data Protection Regulation has introduced the concept of Data Protection Impact Assessments in the realm of data protection, and in the literature scholars have suggested a focus on group privacy, relational privacy and collective interests. The chapter concluded by suggesting that it might be worthwhile to take a closer look at agent-based theories. Those theories focus on the agent of an action, instead of the patient of an action (the one being acted upon). One such theory is virtue ethics. This chapter will discuss what virtue ethics entails and how it could be implemented in the legal realm. The next chapter will suggest what such an approach to privacy regulation might look like and how it could be implemented in practice.

This chapter endeavors to do two things. First, Section 2 will discuss the notion of virtue ethics. Second, Section 2 will analyze some of the most prominent arguments against adopting a virtue ethical approach to (privacy) regulation. It will consist of 3 subsections. First, it will provide the general contours of virtue ethics. Second, it will discuss in some further detail what a virtue ethical approach to the legal regime in general might entail. It will do so by analyzing the work of Lon L. Fuller.

Summary

INTRODUCTION

This chapter introduces the European approach to privacy and data protection. Two things are important to point out from the start. First, there are differences between the right to privacy and the right to data protection, which will be described in more detail below. Perhaps the most prominent difference lies in the material scope. The right to privacy usually does not extend to the collection of nonprivate and non-privacy-sensitive data, whereas the term ‘personal data’, central to most data protection documents, is not limited to private or sensitive information, but extents to any data with which someone could potentially be identified. ‘Even ancillary information, such as “the man wearing a black suit” may identify someone out of the passers-by standing at a traffic light.

’Second, this study will primarily discuss the European perspective and in doing so will refer to documents of both the European Union (EU) and the Council of Europe (CoE). For privacy, the case law by the European Court of Human Rights (ECtHR) on Article 8 of the European Convention on Human Rights (ECHR) will be central and with regard to data protection, the EU's Data Protection Directive and the General Data Protection Regulation, which will replace the Directive over time, will function as the primary (though not exclusive) points of reference.

Article 8 ECHR grants a right to respect for private and family life, home and correspondence:

Summary

INTRODUCTION

Chapter II has discussed both the current and the original privacy and data protection paradigm. In broad strokes, it signaled a shift on four points, by contrasting the ‘original’ with the ‘current’ approach – both were presented in idealized form. First, there has been a shift away from protecting privacy through duties of care and doctrines based on the abuse of power, and towards granting subjective rights to natural persons. Second, there has been a shift away from the protection of general and societal interests and towards an, almost exclusive, focus on the protection of personal interests of natural persons. Third, there has been a shift away from a more fundamental, rule-of-law-based perspective when determining the outcome of privacy cases and towards adopting the method of balancing as a standard approach. Fourth and finally, there has been a shift away from an approach which combined legal and ethical forms of regulation, and towards a paradigm which almost exclusively focuses on legal regulation and black letter law.

Chapter III showed how the current privacy paradigm conflicts with new technological developments, such as, for example, Big Data processes. First, it showed that claiming individual rights is increasingly difficult for natural persons in the age of Big Data. Second, it stressed that these types of processes increasingly go beyond individual interests, and instead tend to affect general and societal interests. Third, it pointed out that the method of balancing is oft en difficult to apply in cases concerning Big Data processes. Fourth, it argued that solely relying on black letter law does not allow for an adequate regulation of Big Data processes. Chapter III also showed that alternatives to the current privacy paradigm have been developed, both in the literature and in case law. Although some of these alternatives are insightful and provide useful building blocks, they do not lay down a fully developed and theoretically grounded alternative privacy paradigm that overcomes the difficulties faced by the current privacy paradigm.

Chapter IV argued that such a foundation may be found by turning to virtue ethics, especially through its reinterpretation by Lon L. Fuller. This chapter demonstrated that a virtue-based approach may provide alternatives to each of the four points mentioned. Virtue ethics does not focus on the rights of the patient, the data subject, but on the obligation on the agent to be virtuous, in this case the state.

Summary

MAIN ARGUMENT

The core question of this book is whether a rights-based approach to privacy regulation still suffices to address the challenges triggered by new data processing techniques such as Big Data and mass surveillance. A rights-based approach generally grants subjective rights to individuals to protect their personal interests. However, large-scale data processing techniques often transcend the individual and her interests; they may affect broader and more general values. To provide an example, it is very difficult to specify whether and if so, to what extent the large-scale data gathering activities of the NSA have negatively affected the personal interests of an ordinary U.S. or E.U. citizen, which holds true even for broader values such as human dignity, individual autonomy and personal freedom. Similarly, although specific individuals may be filmed by the thousands of CCTV camera's surveilling some European cities, the problem is not so much that these camera's film specific individuals; the problem is that everyone or almost everyone living in these cities is filmed almost constantly and everywhere. Consequently, rather than affecting specific personal interests, such data processing initiatives seem to revolve around general and societal interests.

On a practical level, the problem is that people are oft en simply unaware that their personal data are gathered by either fellow citizens (e.g., through the use of smart phones), by companies (e.g., through tracking cookies) or by governments (e.g., through covert surveillance). Obviously, people who are unaware of their data being gathered will not invoke their right to privacy in court. But even if people were aware of these data collections, given the fact that data gathering and processing is currently so widespread and omnipresent and will become even more so in the future, it will quite likely be impossible for them to keep track of every data processing initiative involving (or potentially involving) their data, to assess whether the data controller abides by the legal standards applicable, and if not, to file a legal complaint. Consequently, it is increasingly the question whether individuals are able to effectively exercise their rights.

It is important to stress, however, that a rights-based approach to privacy regulation will need to be preserved to address issues in which individual interests are at stake.

In this compelling examination of the intersection of smart technology and the law, Joshua A. T. Fairfield explains the crisis of digital ownership - how and why we no longer control our smartphones or software-enable devices, which are effectively owned by software and content companies. In two years we will not own our 'smart' televisions which will also be used by advertisers to listen in to our living rooms. In the coming decade, if we do not take back our ownership rights, the same will be said of our self-driving cars and software-enabled homes. We risk becoming digital peasants, owned by software and advertising companies, not to mention overreaching governments. Owned should be read by anyone wanting to know more about the loss of our property rights, the implications for our privacy rights and how we can regain control of both.

Gain a solid understanding of how information theoretic approaches can inform the design of more secure information systems and networks with this authoritative text. With a particular focus on theoretical models and analytical results, leading researchers show how techniques derived from the principles of source and channel coding can provide new ways of addressing issues of data security, embedded security, privacy, and authentication in modern information systems. A wide range of wireless and cyber-physical systems is considered, including 5G cellular networks, the Tactile Internet, biometric identification systems, online data repositories, and smart electricity grids. This is an invaluable guide for both researchers and graduate students working in communications engineering, and industry practitioners and regulators interested in improving security in the next generation of information systems.

Summary

Shannon's fundamental bound for perfect secrecy says that the source entropy cannot be larger than the entropy of the secret key initially shared by the sender and the legitimate receiver. Massey gave an information theoretic proof of this result, and his proof does not require independence of the key and the source message. By further assuming independence, some stronger results, which govern the probability distributions of the key and the ciphertext, can be shown. These results illustrate that the key entropy is not less than the logarithm of the message sample size in any cipher achieving perfect secrecy, even if the source distribution is fixed. The same bound also applies to the entropy of the ciphertext. These results still hold if the source message has been compressed before encryption.

The above observation leads to different research problems studied in this chapter. When the source distribution is non-uniform, the entropy of the key is required to be strictly greater than the source entropy, and hence some randomness in the key is wasted. To deal with this problem, this chapter investigates cipher systems that contain residual secret randomness after they are used. A collection of such systems can be used to generate a new secret key. The aforementioned entropy bound only gives the minimum size of the pre-shared secret key. A new measure for key consumption, i.e., the entropy difference between the pre-shared secret key and the newly generated key, is proposed and justified in this chapter. Key consumption is shown to be bounded below by the source entropy, and the lower bound can be achieved by the codes proposed in this chapter. Furthermore, the existence of a fundamental tradeoff between the expected key consumption and the number of channel uses for conveying a ciphertext is shown.

Introduction

Cipher systems with perfect secrecy were studied by Shannon in his seminal paper [1] (see also [2]). With reference to Fig. 2.1, a cipher system is defined by three components: a source message U, a ciphertext X, and a key R. Here, R is the collection of secret randomness shared only by the sender and the legitimate receiver.

Summary

In this chapter, we will discuss how the quality and availability of channel state information (CSI) affects secrecy in wireless networks. In particular, we study how the delay in the availability of CSI affects secrecy in the context of the two-user broadcast channel with confidential messages. We adopt a secure degrees of freedom perspective and investigate various CSI scenarios, including cases when the availability of CSI at the transmitter varies across users and with time. We discuss how to leverage such variabilities in CSI for secrecy and highlight the differences between the optimal degrees of freedom with or without secrecy constraints.

Introduction

The availability of channel state information at the transmitters (CSIT) plays a crucial role in securing wireless communication at the physical layer. Various well-known physical-layer security techniques such as coding for the fading wiretap channel [1–4], coding for the multiple-antenna wiretap channel [5–8], artificial noise injection [9], cooperative jamming [10, 11], cooperation for secrecy [12–18], secure signal alignment [19–22], and other related techniques rely upon the assumption of timely availability of precise CSIT; see also a recent review article in [23]. In most practical scenarios, the channel gains are measured by the receivers and then fed back to the transmitters. The measurement and feedback process necessarily introduces imprecision and delay into the CSI. Motivated by this fact, in this chapter we explore the fundamental limits of physical layer security when the CSIT is imperfect. For concreteness, we will focus on a particular wireless network model: the multiple-input single-output (MISO) broadcast channel with confidential messages (BCCM). This effectively models practical systems such as a cellular downlink network where each user wants not only reliability but also confidentiality of the information intended for it.

The focus of this chapter is on the secure degrees of freedom (s.d.o.f.) region of the fading two-user MISO BCCM, in which the transmitter with two antennas has two confidential messages, one for each of the single antenna users (see Fig. 8.1). The secrecy capacity region of the MISO broadcast channel (BC) for the case of perfect and instantaneous CSI at all terminals (transmitter and the receivers) has been characterized in [24, 25]. Using these results, it follows that for the two-user MISO BCCM, the sum s.d.o.f. is 2 with perfect and instantaneous CSIT.

Summary

In this chapter we consider secure source coding problems in a network scenario consisting of multiple terminals. An information theoretic formulation using a mutual information-based secrecy/privacy measure is considered. We discuss how the networking aspects such as cooperation and interaction among nodes impact the fundamental tradeoff of the secure source coding system, i.e., the tradeoff among rate, distortion, and information leakage rate. Several problem settings are presented including the setting with a helper, the setting with an intermediate node, and the setting under a reconstruction privacy constraint. Results are presented together with some comprehensive discussions.

Introduction

The concept of information security and privacy is highly relevant today, and is expected to be even more so in future networks where almost everyone and everything will be connected (cf. Internet of Things (IoT), machine to machine (M2M), etc.). Users in the network may share information with one another for possible cooperation, but at the same time they wish to reveal as little information as possible to a certain network entity. Information security and privacy have emerged as necessary features and become standard requirements in modern communication systems. From the networking perspective, they may be addressed at different layers of the system. For example, encryption is used to protect information in the link layer. Nevertheless, a major security concern lies at the physical layer where the communication channel is vulnerable to eavesdropping. Addressing these issues at the physical layer is therefore essential and can effectively complement and improve the level of security in general.

Recently, due to potential applications in areas such as privacy in sensor networks and databases (see, e.g., [1]) and privacy of distributed storage (see, e.g., [2, 3] for privacy of genomic data), the concept of information security and privacy from a data compression perspective has been studied, under a common theme called secure source coding. In this chapter, we present some interesting instances of networked secure source coding problems that take into account information theoretic security and privacy requirements in the problem formulations. Different aspects of the network involving multiple terminals will be considered, e.g., coordination with a helper, cooperation through an intermediate node, and computation based on received information.

Ebooks in data privacy and protection

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5 - Private Property

7 - The Future of Property

3 - Surrounded

Contents

Bibliography

Chapter I - Introduction

Summary

Chapter III - The Challenges for and Alternatives to the Current Privacy Paradigm

Summary

Frontmatter

Miscellaneous Endmatter

Chapter IV - Developing an Alternative Privacy Paradigm through Virtue Ethics

Summary

Chapter II - The Transformation of the Right to Privacy and the Right to Data Protection

Summary

Chapter V - Embedding a Virtue-based Approach in Privacy Regulation

Summary

Chapter VI - Conclusion

Summary

Owned

Information Theoretic Security and Privacy of Information Systems

12 - Multiple Secret Key Generation: Information Theoretic Models and Key Capacity Regions

2 - Error-Free Perfect Secrecy Systems

Summary

8 - Physical-Layer Security with Delayed, Hybrid, and Alternating Channel State Knowledge

Summary

4 - Networked Secure Source Coding

Summary

Index

Ebooks in data privacy and protection

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Owned

Information Theoretic Security and Privacy of Information Systems

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