Privacy by design, or how to protect privacy by design
The issue of Privacy by Design naturally arose when the RGPD came into force, to protect the privacy of users.
Now fully responsible for the correct processing of personal data, companies have had to adapt to these new regulations, on pain of a fine of up to 4% of worldwide turnover in the event of non-compliance identified by the CNIL.
But what exactly is Privacy by Design? What principles does it embody, and how does it differ from Privacy by default ? And how do you apply Privacy by Design in your company? Find the answers in this article!
What is privacy by design?
Privacy by design: definition
The principle of Privacy by Design (PbD) implies that the protection of personal data must be an integral part of the upstream considerations of any business project. As soon as a new service, functionality or marketing campaign is conceived, respect for privacy must be an absolute priority.
Privacy by design has emerged in Article 25 of the General Data Protection Regulation (RGPD ), and failure to comply with this principle may result in financial penalties or even legal proceedings in the event of an inspection by the CNIL.
The benefits of Privacy by design
While, at first glance, Privacy by Design implies legal, technical and time constraints, it also brings a number of advantages, such as
- lower costs for complying with the law. By taking data protection into account from the outset, certain inconveniences can be avoided. For example, having to rework certain aspects of the project in order to comply. This can lead to additional costs, delays and even a rethink of the project;
- Reducing the risk of legal action as a result of non-compliance;
- the development of a relationship of trust with the user, who, thanks to the transparency of data processing, has the assurance that it will be handled with the utmost care;
- an increase in consent. Transparency about data processing can reassure some users who were previously cautious because of the lack of information. This may encourage them to give their consent more readily;
- savings thanks to a reduction in the need for storage capacity, which can sometimes represent substantial sums.
The DPO: guaranteeing compliance with the RGPD
The DPO stands for Data Protection Officer. This new cross-functional role came into being when the RGPD came into force, enabling the application of Privacy by Design.
This central function within a company is responsible for ensuring that every employee respects privacy in every company project, whether it's a marketing campaign or cyber security issues.
The DPO will therefore :
- manage the issue of personal data across the company ;
- implement a number of organisational rules, measures, tools and best practices;
- monitor that the measures put in place comply with the principle and be able to prove this in the event of an inspection by the CNIL.
💡To fulfil his role optimally, the DPO can use an RGPD project sheet to work with the various project managers. It details the various phases and actions to be implemented to guarantee the Privacy by design nature of the project.
To find out more about the role of the DPO :
CNIL
The difference between Privacy by design and Privacy by default
Privacy by default is a corollary of privacy by design. While the latter encourages the protection of personal data to be taken into account from the design stage onwards, Privacy by default goes further by applying the principle of maximum protection of user data de facto, without any action being required on the part of the user.
The 7 principles of Privacy by design
Principle no. 1: adopt proactive and preventive measures
Privacy breaches must be prevented by taking preventive rather than corrective measures. Once personal data has been abused or breached, the damage has already been done. Corrective action would then be aimed at preventing future problems.
Principle No. 2: Apply privacy by default
As we saw earlier, the concept of privacy by default is an integral part of privacy by design. Maximum protection must therefore be provided by default, i.e. implicitly and automatically, so that users do not have to take any action themselves to be protected at the highest level (tick box, settings, etc.). If they wish to give more freedom over their data, they will be able to do so a posteriori when the purpose that justified the collection has been fulfilled or when the user concerned by the collection has requested it.
Principle no. 3: ensure that data is collected and stored in accordance with the law
From both a technical and organisational point of view, every effort must be made to ensure that data is recovered in a compliant manner. Data storage must also be compliant, by deleting it when it is no longer required for the purposes previously defined.
Principle no. 4: guarantee security throughout the project, and beyond
Guarantee users that data is collected securely. This guarantee must apply throughout the performance of the service, and even beyond, i.e. during the legal retention period.
Principle no. 5: ensure optimal and integral data protection
The measures applied to protect the privacy of users must respect the privacy of the user, without compromising the smooth running of the business. The idea is not to set these interests against each other, but to bring them together, reconciling privacy and data security. It is even a competitive advantage to offer this assurance to users, and can have a positive impact on trust capital and brand image.
Principle no. 6: Demonstrate transparency
Data collection and processing practices must be displayed with complete transparency, as must the purpose for which the data is collected. This is why the company must draw up its confidentiality policy and make it visible to everyone.
Principle no. 7: Protect users' privacy
This notion, which places the interests of users at the forefront and at the centre of all considerations, is intrinsically present in all the principles. Companies have a responsibility to equip themselves with the right systems and tools to comply with legal constraints. Ethical practices must also be adopted at all levels of the company, so that everyone collects only the information they need and handles it with care.
How do you apply Privacy by Design?
Applying Privacy by Design is a demanding challenge for companies and organisations, from both a technical and organisational point of view.
For example, in order to set up a data collection system, you need to be technically equipped to check, modify and delete data after the event.
Let's look at some practical measures that can help you apply Privacy by Design.
Some practical measures
Pseudonymising data
This technique for structuring data makes it more difficult to identify an individual unless additional information is available. Data is classified and dissociated by purpose in a database dedicated to that purpose.
Minimising data collection
Applying the strict minimum principle is made technically possible by "Privacy Enhancing Technologies", which allow users to retain control over their data. They can minimise their data and even anonymise it if they so wish.
The zero-disclosure proof-of-knowledge protocol
This secure protocol provides mathematical proof of authentication and identification of a user, without revealing any other information.
Working frameworks
As soon as a new service, product, project or functionality is launched, it is important to ensure that privacy protection measures are respected. To work more efficiently, it is advisable to use working frameworks designed for this purpose. This type of document is a good starting point for checking that you are ticking all the boxes required by the RGPD.
Tools to help you apply Privacy by Design
Are you really sure that your company is "Privacy by design"? Using "RGPD compliant" tools, and above all digitising your compliance, can help you stop wondering and avoid the risk of penalties. You can manage your data with complete peace of mind and much greater speed and efficiency!
These online RGPD solutions make it easier for you to :
- draw up data processing maps
- carry out RGPD compliance audits;
- centralise and track all compliance documentation;
- conduct CNIL-compliant security risk impact assessments;
- create customisable project sheets based on templates to facilitate work with project managers;
- monitor the compliance of all projects;
- categorise data according to purpose;
- keep up to date with changes in the law;
- keeping proof of consent, etc.
🛠 Among the most reputable RGPD compliance players on the market, you can turn to:
- Witik: this is a French RGPD complianceplatform that supports SMEs & ETIs in managing their various compliance programmes (RGPD, Sapin II law, ePrivacy regulation, ISO...). To ensure that your company and project are privacy by design, Witik gives you access to a wide range of features : training, audit and customisable register templates designed by DPOs, consent management with native A/B testing, reporting and follow-up certificates, and much more!
- Data Legal Drive,
- Central Consent Manager,
- Compliance Booster,
- Datae.
From Privacy by design to Privacy by using?
Incorporating the principles of Privacy by Design into all projects requiring the collection of data is the best practice to adopt in order to comply with the RGPD without having a negative impact on the company. Properly applied, these principles imply the application of measures that can even have a beneficial effect on the company.
Privacy by using advocates empowering users with regard to their personal data. By providing them with information on the purpose of their data and the technical tools to manage the level of confidentiality themselves, they acquire autonomy. This makes them more inclined to give companies greater freedom over the use of their data. With broader consent, companies can remove certain obstacles, broaden the scope of what is possible by offering more innovations, and better meet users' needs.
Could shared responsibility for data be the key to a more innovative market? What do you think?
Article translated from French