Privacy by Design: The 7 Foundational Principles

Privacy by Design is a concept I developed back in the 90’s, to address the ever-growing and systemic effects of Information and Communication Technologies, and of large-scale networked data systems.

Privacy by Design advances the view that the future of privacy cannot be assured solely by compliance with regulatory frameworks; rather, privacy assurance must ideally become an organization’s default mode of operation.

Initially, deploying Privacy-Enhancing Technologies (PETs) was seen as the solution. Today, we realize that a more substantial approach is required — extending the use of PETs to PETS Plus — taking a positive-sum (full functionality) approach, not zero-sum. That’s the “Plus” in PETS Plus: positive-sum, not the either/or of zero-sum (a false dichotomy).

Privacy by Design extends to a “Trilogy” of encompassing applications: 1) IT systems; 2) accountable business practices; and 3) physical design and networked infrastructure.

Principles of Privacy by Design may be applied to all types of personal information, but should be applied with special vigour to sensitive data such as medical information and financial data. The strength of privacy measures tends to be commensurate with the sensitivity of the data.

The objectives of Privacy by Design — ensuring privacy and gaining personal control over one’s information and, for organizations, gaining a sustainable competitive advantage — may be accomplished by practicing the following 7 Foundational Principles:

1. Proactive not Reactive; Preventative not Remedial

The Privacy by Design (PbD) approach is characterized by proactive rather than reactive measures. It anticipates and prevents privacy invasive events before they happen. PbD does not wait for privacy risks to materialize, nor does it offer remedies for resolving privacy infractions once they have occurred – it aims to prevent them from occurring. In short, Privacy by Design comes before-the-fact, not after.

2. Privacy as the Default

We can all be certain of one thing – the default rules! Privacy by Design seeks to deliver the maximum degree of privacy by ensuring that personal data are automatically protected in any given IT system or business practice. If an individual does nothing, their privacy still remains intact. No action is required on the part of the individual to protect their privacy – it is built into the system, by default. Continue reading.

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