Privacy by Design in EUs GDPR Botjan Brumen University of Maribor - - PowerPoint PPT Presentation

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Privacy by Design in EUs GDPR Botjan Brumen University of Maribor - - PowerPoint PPT Presentation

Privacy by Design in EUs GDPR Botjan Brumen University of Maribor Faculty of Electrical Engineering and Computer Science Slovenia Background Respect for privacy: Not a new phenomenon: the polis (gr. ): the public area of


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Privacy by Design in EU‘s GDPR

Boštjan Brumen University of Maribor Faculty of Electrical Engineering and Computer Science Slovenia

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EJC 2020 2

Background

Respect for privacy:

Not a new phenomenon:

the polis (gr. πολις): the public area of politics and political activity the oikos (gr. οίκος), the private one of the family „Whatever I see or hear in the lives of my patients, whether in connection with my professional practice or not, which ought not to be spoken of outside, I will keep secret, as considering all such things to be private. …“ Hippocratic Oath, circa AD 275

WEIRD world (Western, Educated, Industrialized, Rich, Democratic): a big issue

Samuel Warren, Loius Brandeis, „The right of Privacy“, Harv. Law R.1890

  • Constitution provides for protection of privacy

William Proser: Privacy, Calif. Law R., 1960

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EJC 2020 3

Background

Privacy:

FAST FORWARD: Cambridge Analytica, Facebook & U.S. presidential elections

2013: M. Zukerberg: „…The privacy controls were centered at Facebook’s core at all times…“ 2018: M. Zukerberg: „I’m sorry we didn’t do more at the time. We’re now taking steps to ensure this doesn’t happen again…“

Privacy by Design 7 principles:

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EJC 2020 4

Objective and Methods

Research Question:

How the GDPR directive is addressing the privacy by using the Privacy by Design principles?

Method:

Using automated text similarities approach and the Universal Sentence Encoder

text paragraphs → high dimensional vectors

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EJC 2020 5

Results

Heatmap of similarities

Most similar: Principle 2 (“Privacy as the Default”) followed by principles 6 (“Visibility and Transparency”), 1 (“Proactive not Reactive; Preventative not Remedial”) and 5 (“End-to- End Security – Lifecycle Protection”) Least similar: 7 (“Respect for User Privacy”), 3 (“Privacy Embedded into Design”) and 4 (“Full Functionality – Positive- Sum, not Zero-Sum”).

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EJC 2020 6

Conclusions

Automated text similarities can discover interesting links between legal texts and underlying principles Weak spots can be uncovered in early phases of preparation of legal texts, both paragraph-wise and principle-wise Legal texts have little impact on implementation of privacy principles and issues remain

„A road to hell is paved with good intentions“ → to be discussed at next EJC 2021