Privacy by Design in EU‘s GDPR Boštjan Brumen University of Maribor Faculty of Electrical Engineering and Computer Science Slovenia
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 EJC 2020 2
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: EJC 2020 3
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 EJC 2020 4
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 ”). EJC 2020 5
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 EJC 2020 6
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