I have come to believe that a systemic conceptual shortfall affects typical technologists' thinking about privacy. It may be that engineers tend to take literally the well-meaning slogan that "privacy is not a technology issue". I say this in all seriousness.
Online, we're talking about data privacy, or data protection, but systems designers tend to bring to work a spectrum of personal outlooks about privacy in the human sphere. Yet what matters is the precise wording of data privacy law, like Australia's Privacy Act. To illustrate the difference, here's the sort of experience I've had time and time again.
During the course of conducting a PIA in 2011, I spent time with the development team working on a new government database. These were good, senior people, with sophisticated understanding of information architecture. But they harboured restrictive views about privacy. An important clue was the way they referred to "private" information rather than Personal Information (or equivalently, Personally Identifiable Information, PII). After explaining that Personal Information is the operable term in Australian legislation, and reviewing its definition from the Privacy Act, we found that the team had failed to appreciate the extent of the PI in their system. They overlooked that most of their audit logs collect PI, albeit indirectly and automatically. Further, they had not appreciated that information about clients in their register provided by third parties was also PI (despite it being intuitively "less private" by virtue of originating from others). I attributed these blind spots to the developers' weak and informal frame of "private" information. Online and in data privacy law alike, things are very crisp. The definition of Personal Information -- namely any data relating to an individual whose identity is readily apparent -- sets a low bar, embracing a great many data classes and, by extension, informatics processes. It's a nice analytical definition that is readily factored into systems analysis. After the team got that, the PIA in question proceeded apace and we found and rectified several privacy risks that had gone unnoticed.
Here are some more of the many recurring misconceptions I've noticed over the past decade:
- "Personal" Information is sometimes taken to mean especially delicate information such as payment card details, rather than any information pertaining to an identifiable individual such as email addresses in many cases; an exchange between US data breach analyst Jake Kouns and me over the Epsilon incident in 2011 is revealing of a technologists' systemically narrow idea of PII;
- the act of collecting PI is sometimes regarded only in relation to direct collection from the individual concerned; technologists can overlook that PI provided by a third party to a data custodian is nevertheless being collected by the custodian, and they can fail to appreciate that generating PI internally, through event logging for instance, can also represent collection
- even if they are aware of points such as Australia's Access and Correction Principle, database administrators can be unaware that, technically, individuals requesting a copy of information held about them should also be provided with pertinent event logs; a non-trivial case where individuals can have a genuine interest in reviewing event logs is when they want to know if an organisation's staff have been accessing their records.
These instances, among many others in my experience working across both information security and privacy, show that ICT practitioners suffer important gaps in their understanding. Security professionals in particular may be forgiven for thinking that most legislated Privacy Principles are legal niceties irrelevant to them, for generally only one of the principles in any given set is overtly about security; see:
- no. 5 of the eight OECD Privacy Principles
- no. 4 of the five Fair Information Practice Principles in the US
- no. 8 of the ten Generally Accepted Privacy Principles of the US and Canadian accounting bodies,
- no. 4 of the ten old National Privacy Principles of Australia, and
- no. 11 of the 13 new Australian Privacy Principles (APPs).
Yet every one of the privacy principles is impacted by information technology and security practices; see Mapping Privacy requirements onto the IT function, Privacy Law & Policy Reporter, Vol. 10.1& 10.2, 2003. I believe the gaps in the privacy knowledge of ICT practitioners are not random but are systemic, probably resulting from privacy training for non-privacy professionals being ad hoc and not properly integrated with their particular world views.
To properly deal with data privacy, ICT practitioners need to have privacy framed in a way that leads to objective design requirements. Luckily there already exist several unifying frameworks for systematising the work of dev teams. One example that resonates strongly with data privacy practice is the Threat & Risk Assessment (TRA).
The TRA is an infosec requirements analysis tool, widely practiced in the public and private sectors. There are a number of standards that guide the conduct of TRAs, such as ISO 31000. A TRA is used to systematically catalogue all foreseeable adverse events that threaten an organisation's information assets, identify candidate security controls (considering technologies, processes and personnel) to mitigate those threats, and most importantly, determine how much should be invested in each control to bring all risks down to an acceptable level. The TRA process delivers real world management decisions, understanding that non zero risks are ever present, and that no organisation has an unlimited security budget.
I have found that in practice, the TRA exercise is readily extensible as an aid to Privacy by Design. A TRA can expressly incorporate privacy as an attribute of information assets worth protecting, alongside the conventional security qualities of confidentiality, integrity and availability ("C.I.A."). A crucial subtlety here is that privacy is not the same as confidentiality, yet many frequently conflate the two. A fuller understanding of privacy leads designers to consider the Collection, Use, Disclosure and Access & Correction principles, over and above confidentiality when they analyse information assets.
Lockstep continues to actively research the closer integration of security and privacy practices.