can there be privacy in networks ? dr. alexander dix berlin commissioner for data protection and...

Can there be privacy in networks ? Can there be privacy in networks ?

Dr. Alexander DixDr. Alexander DixBerlin Commissioner for Data Protection and Berlin Commissioner for Data Protection and

Freedom of InformationFreedom of InformationChairman of the International Working Group on Chairman of the International Working Group on

Data Protection in TelecommunicationsData Protection in Telecommunications

Keynote at the Conference Keynote at the Conference “Respecting Privacy in Global Networks”“Respecting Privacy in Global Networks”

St. Peter Port, Guernsey, 11 April 2007St. Peter Port, Guernsey, 11 April 2007

BERLIN COMMISSIONER FOR DATA PROTECTION ANDFREEDOM OF INORMATION, , GERMANY

mailto:[email protected]

http://www.privacy.de/

Outline

The Internet – privacy at an end ? The offline-online analogy Networks as surveillance platforms The need for trust and privacy in

networks The answers of the Berlin Group Summary

Berlin Commissioner Respecting Privacy in Global Networks for Data Protection and Freedom of Information Guernsey 11 April 2007

The Internet – privacy at an end ?

The Internet – an inherently insecure environment

Global networks transcend national legal orders and data protection regimes

Transborder enforcement difficult/impossible

You have no privacy – get over it“(Scott McNealy)


First Life – Second Life In real life („First Life“ – the offline world)

there are reasonable expectations of privacy

In cyberspace („Second Life“ – the online world) there are technical options for ubiquitous and unprecedented surveillance

Law enforcement agencies and private controllers (want to) use these options


The offline-online analogy

More and more activities and expressions of life are taking place online (communicating, canvassing, expressing political opinions, voting, buying, banking, playing...)

Obviously there are just as legitimate expectations of privacy and anonymity online as offline


The global village

In a village social control tends to be tighter and the degree of anonymity is lesser compared with big cities

In a medieval village/town/city there usually was a pillory

McLuhan‘s vision was about free global communication and interaction - neither global surveillance nor pillorying


Networks as surveillance platforms

In order to fight crime and terrorism or to control political opposition states increasingly convert global networks into platforms of surveillance by- data retention- forced identification- re-nationalisation of global networks

Private industry (e.g. the IP industry) want to use the surveillance capacity of networks


The need for trust and privacy in global networks

Global networks depend on a minimum of reliability, security, trust and privacy

This is obvious with activities such as online-banking, e-health-projects, web-based counselling but it also applies to regular e-mail-communication which – despite SPAM – tends to complement or replace offline forms of communication.


The Web as data repository

„All of our information will be on the Internet. Our health records.“

„Historically, we‘ve essentially relied on... incompetence to protect our privacy.“

It „would be a strong milestone...to have an all-inclusive uniform privacy law...that would give consumers control over their personal information. This would increase their confidence in providing information to legitimate businesses and other organizations.“

(Bill Gates, March 7, 2007)


Private networks under threat

Virtual private networks Protection against automatic search

(NoRobots.txt) Intelligence agencies working on methods to

clandestinely search protected sites and private networks

Debate on „online search“ in Germany


The Berlin Group

The International Working Group on Data Protection in Telecommunications

Founded in 1983 by the Berlin Commissioner for Data Protection in the framework of the International Conference of Data Protection Commissioners

Traditionally meets once a year in Berlin („Berlin Group“) and once abroad


The Berlin Group and its proposals (1)

Since 1989 the Working Group has adopted 44 reports, common positions and working papers

One of the most influential papers was the „Budapest-Berlin Memorandum“ (1996)

„There can be no doubt that the legal and technical protection of Internet users‘ privacy is at present insufficient.“



From this starting point the Working Group dealt with issues such as:

Telecommunications and Privacy in Labour Relations

Cryptography Privacy-enhancing technologies Intelligent Software Agents Search Engines



Copyright Management

Fraud detection

Web-based telemedicine

Voice over IP

Trusted Computing



Freedom of expression and privacy in online publications

Cybercafés

Intrusion Detection Systems

Online Profiles

Registration of Domain Names


Ten Commandments to protect Privacy in the Internet

World International Separation of Powers Telecommunications Secrecy Data Austerity Right to Anonymity Virtual Right to be Alone Right to Security Restriction on Secondary Use Transparency Access to one‘s personal data International Complaints Resolution


Summary Can there be networks without

privacy ?

Global networks will not become successful infrastructures without inbuilt privacy protection

The individual netizen has to be given the tools for informational self-protection

Trust will not be generated but destroyed by excessive surveillance

Contact details

All papers of the Berlin Group are online at:

www.berlin-privacy-group.org

[email protected]

http://www.i/

http://www.i/

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