Privacy by Desing and Laws of Identity

User privacy involves protecting individuals’ information in digital systems and ensuring their control over personal data. It is crucial for building trust, preventing data misuse, and complying with legal requirements. Privacy is a cornerstone of Identity Systems.

User Privacy Rights

User privacy rights refer to the legal and ethical standards that protect an individual’s personal information, ensuring that their data is handled securely and transparently. These rights often include:

1. Right to be informed: Users have the right to know how their personal information is being collected, processed, and used by organizations.
2. Right to access: Users have the right to access their data held by organizations and to obtain a copy of that information.
3. Right to rectification: Users have the right to request corrections or updates to their personal information if it is inaccurate or incomplete.
4. Right to erasure (also known as the “right to be forgotten”): Users have the right to request the deletion of their personal data in certain circumstances, such as when the data is no longer necessary for the original purpose or when the user withdraws consent.
5. Right to restrict processing: Users have the right to limit how their personal data is processed in certain situations, such as when they contest the accuracy of the data or object to its processing.
6. Right to data portability: Users have the right to receive their personal data in a structured, commonly used, and machine-readable format, allowing them to transfer that data to another organization.
7. Right to object: Users have the right to object to the processing of their personal data for specific purposes, such as direct marketing or profiling.
8. Right to not be subject to automated decision-making: Users have the right not to be subject to decisions based solely on automated processing, including profiling, that have legal or significant effects on them.

Privacy by Design Principles

Privacy by Design was developed by Dr. Ann Cavoukian, former Information and Privacy Commissioner of Ontario, Canada, in the 1990s.

“https://iab.org/wp-content/IAB-uploads/2011/03/fred_carter.pdf”

The concept emerged as a response to growing concerns about privacy in the rapidly evolving digital landscape. Dr. Cavoukian recognized the need for a proactive approach to privacy instead of relying on after-the-fact compliance or remediation.

The Privacy by Design framework is built upon seven foundational principles to guide organizations in embedding privacy into the design and operation of their systems, processes, and technologies. The principles were developed through Dr. Cavoukian’s privacy and data protection expertise, consultations with industry stakeholders, and input from privacy experts and technologists worldwide.

1. Proactive not reactive; Preventative not remedial: Privacy should be addressed at the early stages of any project or system development, anticipating potential risks and taking preventive measures to avoid privacy issues before they occur.
2. Privacy as the default setting: Privacy should be built into systems by default, so users don’t need to take any action to protect their privacy. Personal data should only be collected and processed with the user’s explicit consent, and the amount of data collected should be minimized.
3. Privacy embedded into design: Privacy should be an integral part of the design and architecture of any system or process. It should not be an afterthought or an add-on feature, but rather a core component that seamlessly blends with other functionalities.
4. Full functionality — Positive-sum, not zero-sum: Privacy by Design aims to achieve both privacy and functionality, ensuring that users’ privacy rights are upheld without compromising the system’s performance, security, or utility.
5. End-to-end security — Full lifecycle protection: Privacy measures should be implemented throughout the entire lifecycle of the data, from collection to processing, storage, and eventual disposal. This includes secure data storage, access controls, and data encryption.
6. Visibility and transparency — Keep it open: Privacy practices should be transparent, and users should be informed about how their personal data is collected, processed, and protected. Organizations should be open about their privacy policies and adhere to relevant privacy laws and regulations.
7. Respect for user privacy — Keep it user-centric: Privacy by Design prioritizes users’ privacy rights and interests. This involves giving users control over their personal data, providing them with choices regarding data collection and usage, and ensuring that their privacy preferences are respected.

Laws of Identity and Privacy by Design

We were talking about Laws of identity in my previous article.

How Self Sovereign Identity Support Laws of Identity?

Let's take a look at how we could correlate laws of identity with privacy by design

1. User control and consent: The Laws of Identity emphasize the importance of users having control over their digital identity and giving consent to disclosing their personal information. This aligns with Privacy by Design’s principles of respecting user privacy and making privacy the default setting.
2. Minimal disclosure for a constrained use: According to the Laws of Identity, systems should only collect and disclose the minimum amount of personal information necessary for a specific purpose, and limit data usage to the agreed-upon purpose. This supports the data minimization aspect of Privacy by Design.
3. Justifiable parties: The Laws of Identity state that personal information should only be disclosed to parties with a legitimate need for the data, which is consistent with Privacy by Design’s principle of limiting data disclosure to necessary parties and being transparent about data sharing practices.
4. Directed identity: The Laws of Identity advocate for the use of different identifiers for different contexts, reducing the risk of linking personal information across various systems. This approach helps support the privacy principle of keeping user information compartmentalized and reducing the potential for data aggregation and profiling.
5. Pluralism of operators and technologies: The Laws of Identity encourage the use of multiple identity providers and technologies, promoting interoperability and user choice. This supports Privacy by Design’s user-centric approach, giving users more control over their digital identity and privacy preferences.

By adhering to the Laws of Identity, organizations can create identity systems that support Privacy by Design principles, ensuring that user privacy is respected and personal data is protected throughout the entire data lifecycle.