European data protection and privacy regulations Johny GASSER Orange Business Services – Consulting & Solutions Integration International Cyber Center 2011 Workshop on Cyber Security and Global Affairs Budapest, May 31 to Jun 2, 2011

2 International Cyber Center – Budapest Workshop agenda section 1status of the data protection section 2European regulations basics section 3concerns with US section 4potential solutions

3 International Cyber Center – Budapest Workshop status of the data & privacy protection

4 International Cyber Center – Budapest Workshop data protection status source:

5 International Cyber Center – Budapest Workshop data protection status - Europe source:

6 International Cyber Center – Budapest Workshop are security and privacy issues Top concerns? source: Forrester Research, January 2010 “As IaaS Cloud Adoption Goes Global, Tech Vendors Must Address Local Concerns ”

7 International Cyber Center – Budapest Workshop European regulations basics

8 International Cyber Center – Budapest Workshop key European regulations on data and privacy protection  European Convention on Human Rights (ECHR) (formally the Convention for the Protection of Human Rights and Fundamental Freedoms)  European Commission Directive 95/46/EC the data protection directive  European Commission Directive 2002/58/EC Directive 2002/58 on Privacy and Electronic Communications, also known as E-Privacy Directive  National Constitutions  National regulations (penal, civil, data protection, etc)  International Treaty – Cybercrime Convention

9 International Cyber Center – Budapest Workshop definitions (source EU Directive 95/46 – data protection)  personal data shall mean any information relating to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;  processing of personal data ('processing') shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

10 International Cyber Center – Budapest Workshop EU directive 95/46  personal data must be collected for specified, explicit and legitimate purposes, and kept up to date  personal data may be processed only if the data subject has unambiguously given his/her consent  it is forbidden to process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of data concerning health or sex life.  every data subject should have the right to obtain from the controller which data is processed  the data subject should have the right to object, on legitimate grounds, to the processing of data relating to him/her  the controller must notify the national supervisory authority before carrying out any processing operation.

11 International Cyber Center – Budapest Workshop EU directive 95/46 – cross border transfer  Transfers of personal data from a Member State to a third country with an adequate level of protection are authorized.  the transfer of personal data to a third country which does not ensure an adequate level of protection must be prohibited  list of countries having adequate level of protection is published and maintained by European Commission  the adequacy of the level of protection afforded by a third country must be assessed in the light of all the circumstances surrounding the transfer operation or set of transfer operations

12 International Cyber Center – Budapest Workshop concerns with US

13 International Cyber Center – Budapest Workshop concerns about US Rumors, myths and facts  use of Patriot act Bush administration has convinced the Belgium private SWIFT to provide US with an access to all inter bank orders. Justification were about the fact that SWIFT has subsidiaries in US, so Patriot Act was applicable. This has been revealed in 2006 by the New York Times.  activities of the NSA The National Security Agency (NSA) carries out industrial espionage on governmental organizations and private-sector firms, with its wiretapping network Echelon. This has been officially revealed in 1998 in a report presented to the European Parliament, and confirmed in 2000 by former CIA director James Woolsey, in an article in March for the Wall Street Journal. Confirmed case are Airbus with Saudi Arabia contract, Thomson CSF with Brazil military contract and Japanese NEC.

14 International Cyber Center – Budapest Workshop potential solutions

15 International Cyber Center – Budapest Workshop potential solutions for European Companies  do not work with US companies for sensitive data, or financial industry Take care about “in the cloud” services  work only with companies applying SAFE HARBOUR principles  use standards contractual clauses as defined by EC (Decision 2001/497/EC)  perform audit on site in US, or obtain SAS70/SSAE16/ISAE3402 independent audit report  deploy solution and infrastructure to ensure that no private data are accessible from US, even in disaster recovery scenario For US companies  apply to the SAFE HARBOUR self certification  demonstrate that you can not access personal data, or provide logs in real- time of which access has been done, etc  work hard to get the trust of your European customers

16 International Cyber Center – Budapest Workshop summary data protection in Europe  is not simple to address  is serious, it is a fundamental right of the Human Rights  SAFE HARBOUR is an effective solution for US companies, easiest and safest for US companies, but it has limits: self certification  Employees have rights to privacy, even at job, even if business only rule in contract, signed.  In the cloud services are subject to data protection regulations… including cross borders flows restrictions…

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