According to the European Data Supervisor, « “privacy by design” is used to designate the broad concept of technological measures for ensuring privacy as it has developed in the international debate over the last few decades. »
This concept is not new. In fact, according to Wikipedia, «Ann Cavoukian, former Information and Privacy Commissioner of Ontario, developed the”privacy by design” approach to systems engineering. This approach was formalized in a joint report on privacy-enhancing technologies by a joint team of the Information and Privacy Commissioner of Ontario (Canada), the Dutch Data Protection Authority and the Dutch Organization for Applied Scientific Research in 1995. The Privacy by Design framework was published in 2009 and adopted by the International Assembly of Privacy Commissioners and Data Protection Authorities in 2010. »
According to this framework, Privacy by Design is based on seven “core principles”.
1. Proactive, not reactive; preventive, not remedial.
2. Privacy as a default setting
3. Privacy built into the design
4. Full functionality – positive sum, not zero sum
5. End-to-end security – full life cycle protection
6. Visibility and transparency – stay open
7. User privacy – stay user-centric
The concept of “privacy by default” foresees that the application of the seven core principles put in place at the design stage are also active by default without the user having to intervene.
Still according to the European Data Protection Supervisor, «the ”data protection by design” and “data protection by default” to designate the specific legal obligations».
«Established by Article 25 of the GDPR 9. While measures taken under these obligations will
also contribute to achieve the more general objective of “privacy by design”, considering.
that a wider spectrum of approaches may be taken into account for the objective of “privacy
by design” which includes a visionary and ethical dimension, consistent with the principles
and values enshrined in the EU Charter of Fundamental Rights of the EU. »
Article 25 of the GDPR details the concepts and mandatory measures to be implemented by the data controller regarding data protection by design and data protection by default.
GDPR Data protection by design and by default
Recital 78 provides additional information and context for completing Article 25
Appropriate Technical and Organisational Measures
The protection of the rights and freedoms of natural persons with regard to the processing of personal data require that appropriate technical and organisational measures be taken to ensure that the requirements of this Regulation are met. In order to be able to demonstrate compliance with this Regulation, the controller should adopt internal policies and implement measures which meet in particular the principles of data protection by design and data protection by default. Such measures could consist, inter alia, of minimising the processing of personal data, pseudonymising personal data as soon as possible, transparency with regard to the functions and processing of personal data, enabling the data subject to monitor the data processing, enabling the controller to create and improve security features. When developing, designing, selecting and using applications, services and products that are based on the processing of personal data or process personal data to fulfil their task, producers of the products, services and applications should be encouraged to take into account the right to data protection when developing and designing such products, services and applications and, with due regard to the state of the art, to make sure that controllers and processors are able to fulfil their data protection obligations. The principles of data protection by design and by default should also be taken into consideration in the context of public tenders.
This is a brief introduction to privacy by design, data protection by design and data protection by default.
I invite you to contact a RGPD consultant or a DPO for more information and help for the implementation.
Sources : wikipedia privacy by design edps preliminary opinion on privacy by design edpb guidelines on dataprotection by design and by default gdpr