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Security Management in the

Internet Era

Internet Era

Jun Murai

Keio University

8th: Personal Information and Security (2)

November 10, 2011

Keio University

Suguru Yamaguchi

Nara Institute of Science and Technology

Schedule

01st (09/22) Course Description 02 d (09/29) Cl d S it (1) 02nd (09/29) Cloud Security (1) 03rd (10/06) Cloud Security (2)

04th (10/13) Military use of the cyber security technology and its issues 05th (10/20) IPv6 Security

06th (10/27) Guest Lecture (Joichi Ito)

07th (10/27) Personal Information and Security (1)

08th (11/10) Personal Information and Security (2)

09th (11/17) Disaster Recovery Internet (1) 10th (12/01) Disaster Recovery Internet (2) 10th (12/01) Disaster Recovery Internet (2) 11th (12/08) Midterm Presentation (1) 12th (12/15) Midterm Presentation (2) 13th (12/22) Evaluation of Security Risk 14th (1/12) Final Presentation (1) 15th (1/19) Final Presentation (2)

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Today’s Topics

What is privacy?

p

y

 OECD guidelines

 Privacy law in Japan

International personal data transfer problems

 Think about the international personal data transfers from a point of view of national side and enterprise side.

3

What is Privacy?

Privacy may be defined as the claim of individuals or

y

y

groups to determine when, how, and to what extent

information about them is communicated to others.

Privacy is your right to control what happens with

personal information about you.

First argument that was an invasion of privacy in Japan

First argument that was an invasion of privacy in Japan

 "After the banquet" [宴のあと] (Yukio Mishima, 1964)

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Privacy & Internet

The use of the Internet can affect the privacy rights a

p

y g

person has in his or her personal data.

Privacy issues relating to personal data arise from

 insecure electronic transmissions,

 data trails and logs of email messages,

 online transactions, and the

 tracking of web pages visited. g p g

5

Chronology of International Privacy

Frameworks

(4)

International Standard of Personal Data

OECD Guidelines on the Protection of Privacy and

y

Transborder Flow of Personal Data

 They are adopted by OECD (Organization for Economic

Co-operation and Development) in September 23, 1980.

 They provide general guidance on the handling of personal data in the public and private sectors.

 They represent an international consensus on how best to balance effective privacy protection with the free flow of personal balance effective privacy protection with the free flow of personal data.

 They are technology-neutral, flexible, allow for various means of compliance, and apply in all environments, including on global networks.

7

8 Core Principles of OECD Guidelines

Collection Limitation

Data Quality

Purpose Specification

Use Limitation

Security Safeguards

Openness

Individual Participation

Accountability

(5)

Privacy Law in Japan

Personal Information Protection Act

 Effective: April 1, 2005

 Goal: to protect individuals' rights and interests given the

increase in the use of personal information in the information and communication society.

 It is mainly directed to the private sector.

• A telecommunications company in Japan must follow this guideline.

 It establishes the duties of the operator who handles personal

 It establishes the duties of the operator who handles personal information such as

• specify the purpose of use,

• restrictions on the purpose of use,

• proper acquisition,

• security control measure, etc.

9

I t

ti

l

l d t t

f

International personal data transfer

problems

(6)

Globalization of Enterprise

Domestic Overseas  Personal data protection f k i diff i Enterprise Account Customer Information framework is different in each country.  What’s a problem?

 How to protect our data?

11

Customers CRM center

(Ex. Shopping) Subcontractor/Outsource (Ex. Customer support)

Services

Personal data leakage!

International Data Transfer

The rise of large scale services.

 Place the data centers in many countries

Trend of data center distribution

 Merit:processing & distribution of data, redundancy

 Demerit: (because of the different laws in each country)

• Information leakage • Difficulty of data protection

Data center

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The Relation between Nation and

International Data Transfer

What is the role of country?

y

 Crime prevention

 Domestic technology & political information protection

 National data protection

How far is it allowed to intervene?

Carrier 13 Government Terrorist Organization Enterprise Users Country A Carrier Regulations if necessary Country B

Laws That Allow Bugging

 Japan: Laws for criminal investigation (1999 August)

犯罪捜査のための通信傍受に関する法律(平成11年8月18日法律第

137号)

 It provides the legal basis for using COMINT to investigate a crime

 Laws limit the investigation

• Only for drug-related infraction, gun-related crime, mass smuggling & murder that was done systematically

 United States: USA PATRIOT Act (2001 October)

G th i l i f ti i th f h l d it d t

 Gathering personal information in the name of homeland security due to the 9-11 terrorist attacks in 2001

 It remains less well-defined that whose & what kind of information will be gathered

 Information provider has to keep a secret that who provide the information

(8)

Development of Laws about Personal Data

Transfer

Safe Harbor Agreement

g

 International agreement of data transfers

 Agreement between United States & EU

 Enterprise which fulfill personal protection technology will get the green light

 Personal data transfer limitation (to a third country) from authorities

Th

l

i J

hi h d fi

th

There are no laws in Japan which define the

international personal data transfer.

We have to think what agreement needs to be complied.

15

Position of Nation & Enterprise

Issue: Nation

Issue: Nation

Issue: Enterprise

Crime prevention

• Counter-terrorism • Policing 

Data Protection

• National Secret • National Data

Issue: Enterprise

Convenience

• Redundancy • Process Distribution

Trade secret protection

Cost reduction

O ti • National Data • Citizens Data • Operation • Management

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Discussion

Nation and Enterprise have different purpose

p

p p

 Crime prevention vs. Secret data protection

 National data protection vs. Convenience

• Which comes first?

• Benefit for Nation or Enterprise?

 How to solve this data transfer problems?

How far nations intervene international data transfer of

enterprises?

17

2

nd

Assignment

TBA

References

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