Information privacy and online security are so widely discussed that for many, they have become tantamount to buzzwords.
However, the digital service providers and the public service especially cannot afford to relegate these ideas to the graveyard of good ideas turned to background noise.
In fact, a recent IDC survey shows that almost half of respondents (47%) have encountered challenges related to ransomware and malware attaches when using digital services. It’s no wonder that citizens’ trust in digital public services has dwindled.
Practicing good digital hygiene and ensuring that digital public services are designed and maintained with the highest standards of data protection and privacy protection is a necessity.
In order to fulfill their mandate of service to their citizens as well as restore and build citizens’ trust in the public service, it is essential that public services prioritize privacy at every stage of product design and development.
This is where the concept of Privacy by Design comes in.
What is Privacy by Design?
Privacy by Design is an approach that ensures privacy is incorporated into the design and development of digital services from the very beginning.
It emphasizes the proactive and preventative measures taken to protect individuals' privacy rights.
By embedding privacy into the core of products and services, Privacy by Design aims to create a secure and trustworthy environment for users, thus improving the delivery of your services.
Privacy by Design was first introduced by Dr. Ann Cavoukain, the former Information and Privacy Commissioner of Ontario.
It has since gained recognition and adoption globally as a best practice for privacy-conscious organizations. The approach is based on seven core principles that guide the implementation of Privacy by Design.
The Seven Principles of Privacy by Design
These principles collectively aim to protect user data, ensure compliance with privacy laws, and build trust between consumers and companies.
The first principle: Proactive not reactive
The first principle of Privacy by Design, “proactive not reactive,” underscores the critical importance of taking a forward-thinking, preventative approach to privacy.
Instead of waiting for privacy breaches to occur and then attempting to remedy the situation, the first principle recommends that possible points of failure be identified from the outset and accounted for in the design.
It emphasizes the need to identify and mitigate potential privacy risks and vulnerabilities before they become real threats.
By being proactive, organizations can integrate robust security and privacy measures into their products, services, and processes during the design and development stages.
This not only reduces the likelihood of privacy breaches but also enhances user trust and data protection. Ultimately, the “proactive not reactive” principle champions the idea that privacy should never be an afterthought but a fundamental consideration at the very inception of any project, ensuring that privacy is ingrained in every aspect of a digital ecosystem.
In short, Privacy by Design anticipates and prevents privacy breaches before they occur. It takes a proactive approach to privacy, ensuring that security measures are in place from the beginning of the design process.
The second principle: Privacy as the default
The second principle of Privacy by Design promotes the practice of making the default state of a system one that preserves the user’s privacy.
Instead of allowing users to limit data collection by navigating to a sub-menu deep on the settings page, consider setting that as the default state and offering users the option to allow data collection should they desire to do so.
Not only does this build trust with users who are likely to appreciate the care that an organization has put into ensuring their privacy, but it also functions as a transparent method to communicate to users how their information is being used.
Furthermore, the data that an organization decides to collect by default should be only that information which is strictly necessary to accomplish the website or service’s intended purpose.
“Privacy as the default” also touches on the retention and storage of personal information. Only the bare minimum of information should be stored, and it should only be stored for the shortest amount of time necessary to allow the service to function as intended.
Minimizing data storage not only benefits users, who can trust that their private data remains as private as possible, but it also diminishes the organization’s exposure to data breaches such as fraud or theft.
In short, the less information the organization stores locally, the less appealing they become as a target for malicious actors. By making privacy the default, organizations benefit their users as well as themselves, ensuring that users feel safe using their service.
The third principle: Privacy embedded into design
The third principle of Privacy by Design, “Privacy Embedded into Design,” emphasizes that privacy considerations should be an integral part of the design process for products, services, and systems.
Rather than treating privacy as an add-on or an afterthought, organizations should incorporate it into the very DNA of their creations.
Embedding privacy into the fundamental design of digital services encourages a holistic approach where privacy is seamlessly integrated into the architecture, user interfaces, and overall design.
It ensures that privacy isn't sacrificed for functionality; instead, it enhances the user experience by providing both security and convenience.
For example, when designing a mobile app, adhering to this principle means that data encryption and privacy features are not tacked on later but are fundamental aspects of the app's structure.
This approach not only helps prevent data breaches but also builds user trust, as individuals can rely on the product to protect their personal information.
Leveraging the principle of “privacy embedded into design” in order to enhance trust is especially important in the context of digital public services.
Canadians across the country have voiced concerns over the quality and security of digital public services in the past, making it crucial to rebuild their trust in these services.
In the same IDC report, 40% of citizens surveyed stated that they want their privacy to be better protected when accessing digital public services. Governments must focus on offering digital services that will put the citizens first right from the start.
Applying the “privacy embedded into design” principle is a great way to ensure that all digital services that make it into the hands of citizens are built for success from the ground up.
In short, it ensures that privacy becomes an essential and harmonious part of every design, providing citizens with a seamless and secure experience from the outset.
The fourth principle: Full functionality
Privacy by Design as a philosophy aims to provide full functionality without sacrificing privacy.
This aspect is fleshed out in the fourth principle of Privacy by Design, “Full Functionality”, which challenges the misconception that privacy and functionality are mutually exclusive.
Ultimately, it is based on the idea that individuals should not have to compromise usability for the sake of privacy or vice versa. Instead, organizations should strive to deliver both comprehensive functionality and robust privacy protection.
This principle encourages innovative solutions that enable users to enjoy all the features and capabilities of a product or service without sacrificing their privacy.
It rejects the idea that privacy must hinder user experience. Privacy can be integrated in ways that not only safeguard sensitive data but also enhance the overall usability of a system.
For instance, in the context of a secure messaging app, adhering to this principle would mean that users can send messages, share files, and engage in group chats with the same ease and convenience as less privacy-focused apps. The difference lies in the strong encryption and privacy controls quietly working behind the scenes to protect user communications.
“Full Functionality” is all about finding the right balance between usability and privacy, ensuring that individuals can fully enjoy the benefits of technology without compromising their personal information.
The fifth principle: End-to-end security
Privacy by Design applies throughout the entire lifecycle of data. From data collection to storage and disposal, privacy and security are prioritized to protect sensitive information. That’s where the fifth principle comes in.
“End-to-End Security,” emphasizes the importance of implementing robust security measures that protect data throughout its entire lifecycle rather than focusing solely on certain steps where users are most likely to actively seek out extra privacy features.
From the moment data is collected, through its storage and transmission, to eventual disposal, privacy and security should be paramount considerations.
This principle recognizes that safeguarding privacy requires a comprehensive approach. It means that data should be encrypted when it's collected, securely stored to prevent unauthorized access, and responsibly disposed of when it's no longer needed.
Data protection systems are only as strong as their weakest aspect, so it is essential to take a holistic approach to privacy. End-to-end security ensures that data remains confidential and protected at every stage of its journey within an organization.
For example, in healthcare, patient data collected during a medical examination should be encrypted during transmission, stored securely to prevent unauthorized access, and deleted securely when it's no longer needed for treatment or record-keeping purposes.
“End-to-End Security” not only protects against data breaches but also reinforces user trust by demonstrating a commitment to data protection from start to finish. It's a fundamental aspect of Privacy by Design that ensures data remains private and secure throughout its entire lifecycle.
The sixth principle: Visibility and Transparency
The sixth principle of Privacy by Design, “Visibility and Transparency,” champions openness and clarity regarding data practices. Users and other stakeholders should have clear visibility into how their data is collected, used, and shared.
This transparency builds trust and accountability. Once again, this principle is of paramount importance in the context of digital public services, where trust is already tenuous, and transparency has historically not been a strong suit.
The sixth principle underscores the importance of organizations being transparent about how they collect, use, and share data. The bottom line is that there is simply no substitute for open and honest communication. Users and stakeholders should have a clear understanding of what happens to their information.
This principle necessitates clear and easily accessible privacy policies, consent mechanisms, and data usage explanations. When individuals have visibility into data practices, they can make informed decisions about sharing their personal information.
Furthermore, they are not able to hold organizations accountable if things go wrong. Transparency also extends to informing users about data breaches promptly and honestly.
“Visibility and Transparency” not only empowers individuals to exercise greater control over their data but also promote trust between organizations and their users. It's a critical aspect of Privacy by Design that fosters accountability and responsible data handling.
The seventh principle: Respect for User Privacy
Last but certainly not least, the seventh principle of Privacy by Design is “Respect for User Privacy.” It is the foundation upon which this theory is based.
It recognizes clearly and without equivocation that individuals have a fundamental right to control their personal information, and this principle ensures that organizations respect and protect that right at all times.
The seventh principle places the highest priority on preserving and safeguarding individuals' privacy rights. It advocates for user-centric solutions, allowing individuals to make informed decisions about how their data is collected, used, and shared.
It ensures that privacy settings are intuitive, user-friendly, and readily accessible so that users can tailor their privacy preferences according to their comfort levels.
“Respect for User Privacy” goes beyond legal compliance; it's a commitment to treating individuals' data with the utmost care, dignity, and respect. By adhering to this principle, organizations demonstrate their dedication to building trust and maintaining a strong ethical foundation in their data practices.
Why is Privacy by Design Important?
Privacy by Design is crucial for several reasons. First and foremost, it helps protect individuals' privacy rights in an increasingly interconnected world.
By embedding privacy into the design of products and services, organizations can mitigate privacy risks and safeguard sensitive information.
Moreover, Privacy by Design fosters trust between organizations and their users. When individuals feel confident that their privacy is respected and protected, they are more likely to engage with and trust the products and services offered.
This trust can lead to stronger customer relationships and increased loyalty. In particular, it benefits governments by increasing citizen engagement and helping connect them to local administrations.
But how does it look in real life?
Sneak peek: the 7 principles at work
What does implementing Privacy by Design look like in the wild? Let’s take a look at some of the ways we implemented the 7 principles discussed above when designing our trusted citizen portal, Citizen One.
CitizenOne’s Policy and Consent Management capabilities were built on a foundation of transparent consent management tools, drawing on the concepts and guidelines set forth by the first, third, fifth and sixth principles.
For example, rather than integrate the specific consent modules needed in a given jurisdiction after the fact, we built every step of the user consent journey into CitizenOne’s core functionalities, which follows the end-to-end security approach detailed by the fifth principle of design.
Furthermore, these consent modules are clear and user-friendly to increase transparency (sixth principle) and built into the design of the user interface (third principle).
By letting the first principle guide us, we took the time to consider how citizens will interact with these modules during the design phase and ensure that any potential points of failure were accounted for.
In fact, the trusted citizen portal CitizenOne serves as an excellent example of how the seven Privacy By Design principles can be applied to ensure risk mitigation and maintain trust between the governed and the governing entity.
In summary, by incorporating privacy principles into their systems and adopting tools like CitizenOne, organizations and governments can demonstrate their commitment to privacy compliance. This is particularly important in light of evolving privacy laws and regulations.
Privacy by Design is essential for creating privacy-enhancing products and services, building trust with users, and ensuring compliance with privacy regulations.
By following the seven principles of Privacy by Design, organizations can prioritize privacy and security, ultimately empowering their users to have greater control over their personal information.