Privacy by Design

Question 1

Criticism of PbD

Answer 1

• Zero-sum approach. Balancing act of competing business and privacy requirements.
• Overreliance on notice and consent which depends on consumer understanding of company notices and policies and leads to lack of informed choice.
• Does not account for privacy as a competitive differentiator.

Question 2

Alleged Benefits of PbD

Answer 2

• Improved customer confidence, trust, and loyalty.
• Process efficiencies and risk reduction from handling only the PI that is necessary to the business process.
• Cost savings as a result of privacy up front rather than bolting it on after the fact.

Question 3

Principles of PbD

Answer 3

1. Proactive not Reactive, Preventive not Remedial
2. Privacy as the default setting
3. Privacy embedded into Design
4. Full functionality- Positive-Sum, not Zero-Sum
5. End-to-End Security- Full lifecycle protections
6. Visibility and Transparency- Keep it open
7. Respect for User Privacy- Keep it user-centric

Question 4

Privacy Program

Answer 4

1. Data Inventory
2. Data Classification
3. Periodic data reassessments

Question 5

Effective Classification System

Answer 5

1. Scope appropriate systems and access controls
2. Prepare for audits
3. Respond to discovery requests without providing more information than necessary