Contextualizing the tensions and weaknesses of information privacy and data breach notification laws

Data breach notification laws have detailed numerous failures relating to the protection of personal information that have blighted both corporate and governmental institutions. There are obvious parallels between data breach notification and information privacy law as they both involve the protection of personal information. However, a closer examination of both laws reveals conceptual differences that give rise to vertical tensions between each law and shared horizontal weaknesses within both laws. Tensions emanate from conflicting approaches to the implementation of information privacy law that results in different regimes and the implementation of different types of protections. Shared weaknesses arise from an overt focus on specified types of personal information which results in ‘one size fits all’ legal remedies. The author contends that a greater contextual approach which promotes the importance of social context is required and highlights the effect that contextualization could have on both laws.

The conceptual and operational compatibility of data breach notification and information privacy laws

Mandatory data breach notification laws are a novel and potentially important legal instrument regarding organisational protection of personal information. These laws require organisations that have suffered a data breach involving personal information to notify those persons that may be affected, and potentially government authorities, about the breach. The Australian Law Reform Commission (ALRC) has proposed the creation of a mandatory data breach notification scheme, implemented via amendments to the Privacy Act 1988 (Cth). However, the conceptual differences between data breach notification law and information privacy law are such that it is questionable whether a data breach notification scheme can be solely implemented via an information privacy law. Accordingly, this thesis by publications investigated, through six journal articles, the extent to which data breach notification law was conceptually and operationally compatible with information privacy law. The assessment of compatibility began with the identification of key issues related to data breach notification law. The first article, Stakeholder Perspectives Regarding the Mandatory Notification of Australian Data Breaches started this stage of the research which concluded in the second article, The Mandatory Notification of Data Breaches: Issues Arising for Australian and EU Legal Developments (‘Mandatory Notification‘). A key issue that emerged was whether data breach notification was itself an information privacy issue. This notion guided the remaining research and focused attention towards the next stage of research, an examination of the conceptual and operational foundations of both laws. The second article, Mandatory Notification and the third article, Encryption Safe Harbours and Data Breach Notification Laws did so from the perspective of data breach notification law. The fourth article, The Conceptual Basis of Personal Information in Australian Privacy Law and the fifth article, Privacy Invasive Geo-Mashups: Privacy 2.0 and the Limits of First Generation Information Privacy Laws did so for information privacy law. The final article, Contextualizing the Tensions and Weaknesses of Information Privacy and Data Breach Notification Laws synthesised previous research findings within the framework of contextualisation, principally developed by Nissenbaum. The examination of conceptual and operational foundations revealed tensions between both laws and shared weaknesses within both laws. First, the distinction between sectoral and comprehensive information privacy legal regimes was important as it shaped the development of US data breach notification laws and their subsequent implementable scope in other jurisdictions. Second, the sectoral versus comprehensive distinction produced different emphases in relation to data breach notification thus leading to different forms of remedy. The prime example is the distinction between market-based initiatives found in US data breach notification laws compared to rights-based protections found in the EU and Australia. Third, both laws are predicated on the regulation of personal information exchange processes even though both laws regulate this process from different perspectives, namely, a context independent or context dependent approach. Fourth, both laws have limited notions of harm that is further constrained by restrictive accountability frameworks. The findings of the research suggest that data breach notification is more compatible with information privacy law in some respects than others. Apparent compatibilities clearly exist as both laws have an interest in the protection of personal information. However, this thesis revealed that ostensible similarities are founded on some significant differences. Data breach notification law is either a comprehensive facet to a sectoral approach or a sectoral adjunct to a comprehensive regime. However, whilst there are fundamental differences between both laws they are not so great to make them incompatible with each other. The similarities between both laws are sufficient to forge compatibilities but it is likely that the distinctions between them will produce anomalies particularly if both laws are applied from a perspective that negates contextualisation.

Association Rule Sharing Model for Privacy Preservation and Collaborative Data Mining Efficiency

The disclosure of information and its misuse in Privacy Preserving Data Mining (PPDM) systems is a concern to the parties involved. In PPDM systems data is available amongst multiple parties collaborating to achieve cumulative mining accuracy. The vertically partitioned data available with the parties involved cannot provide accurate mining results when compared to the collaborative mining results. To overcome the privacy issue in data disclosure this paper describes a Key Distribution-Less Privacy Preserving Data Mining (KDLPPDM) system in which the publication of local association rules generated by the parties is published. The association rules are securely combined to form the combined rule set using the Commutative RSA algorithm. The combined rule sets established are used to classify or mine the data. The results discussed in this paper compare the accuracy of the rules generated using the C4. 5 based KDLPPDM system and the CS. 0 based KDLPPDM system using receiver operating characteristics curves (ROC).

Data protection and privacy: the Australian legislation and its implications for IT professionals

The notion of privacy takes on a completely different meaning when viewed from the perspective of an IT professional, an organisation using technology to support strategic directions or a member of the public. This paper looks past the technical issues involved in data protection and examines some of the business, social and regulatory aspects that have become important to those involved in the management, storage and dissemination of electronic information. The paper documents some of the legislative developments in privacy and data protection and examines what these developments mean for IT professionals for whom the link between data captured, stored and processed into information and the resulting effect on privacy is important. The Commonwealth Privacy Act 1988 based on work done by the Council of Europe, the OECD and the European Union provides some general guidelines but only for the public sector. However, new legislation imminent. Thus, IT professionals need to be aware of the changing situation and examine their organisation’s current practices to ensure compliance with future laws.

Attack vector analysis and privacy-preserving social network data publishing

This paper addresses the problem of privacy-preserving data publishing for social network. Research on protecting the privacy of individuals and the confidentiality of data in social network has recently been receiving increasing attention. Privacy is an important issue when one wants to make use of data that involves individuals' sensitive information, especially in a time when data collection is becoming easier and sophisticated data mining techniques are becoming more efficient. In this paper, we discuss various privacy attack vectors on social networks. We present algorithms that sanitize data to make it safe for release while preserving useful information, and discuss ways of analyzing the sanitized data. This study provides a summary of the current state-of-the-art, based on which we expect to see advances in social networks data publishing for years to come.

Privacy threat analysis of social network data

Social network data has been increasingly made publicly available and analyzed in a wide spectrum of application domains. The practice of publishing social network data has brought privacy concerns to the front. Serious concerns on privacy protection in social networks have been raised in recent years. Realization of the promise of social networks data requires addressing these concerns. This paper considers the privacy disclosure in social network data publishing. In this paper, we present a systematic analysis of the various risks to privacy in publishing of social network data. We identify various attacks that can be used to reveal private information from social network data. This information is useful for developing practical countermeasures against the privacy attacks.

An efficient solution for privacy-preserving, secure remote access to sensitive data

Sharing data that contains personally identifiable or sensitive information, such as medical records, always has privacy and security implications. The issues can become rather complex when the methods of access can vary, and accurate individual data needs to be provided whilst mass data release for specific purposes (for example for medical research) also has to be catered for. Although various solutions have been proposed to address the different aspects individually, a comprehensive approach is highly desirable. This paper presents a solution for maintaining the privacy of data released en masse in a controlled manner, and for providing secure access to the original data for authorized users. The results show that the solution is provably secure and maintains privacy in a more efficient manner than previous solutions.

Privacy protected data forwarding in human associated delay tolerant networks

Human associated delay-tolerant networks (HDTNs) are new networks for DTNs, where mobile devices are associated with humans and demonstrate social related communication characteristics. As most of recent works use real social trace files to study the date forwarding in HDTNs, the privacy protection becomes a serious issue. Traditional privacy protections need to keep the attributes semantics, such as data mining and information retrieval. However, in HDTNs, it is not necessary to keep these meaningful semantics. In this paper, instead, we propose to anonymize the original data by coding to preserve individual's privacy and apply Privacy Protected Data Forwarding (PPDF) model to select the top N nodes to perform the multicast. We use both MIT Reality and Infocom 06 datasets, which are human associated mobile network trace file, to simulate our model. The results of our simulations show that this method can achieve a high data forwarding performance while protect the nodes' privacy as well.

Privacy preserving in location data release: A differential privacy approach

Communication devices with GPS chips allow people to generate large volumes of location data. However, location datasets have been confronted with serious privacy concerns. Recently, several privacy techniques have been proposed but most of them lack a strict privacy notion, and can hardly resist the number of possible attacks. This paper proposes a private release algorithm to randomize location datasets in a strict privacy notion, differential privacy. This algorithm includes three privacy-preserving operations: Private Location Clustering shrinks the randomized domain and Cluster Weight Perturbation hides the weights of locations, while Private Location Selection hides the exact locations of a user. Theoretical analysis on utility confirms an improved trade-off between the privacy and utility of released location data. The experimental results further suggest this private release algorithm can successfully retain the utility of the datasets while preserving users’ privacy.

Correlated differential privacy: hiding information in non-IID data set

Privacy preserving on data mining and data release has attracted an increasing research interest over a number of decades. Differential privacy is one influential privacy notion that offers a rigorous and provable privacy guarantee for data mining and data release. Existing studies on differential privacy assume that in a data set, records are sampled independently. However, in real-world applications, records in a data set are rarely independent. The relationships among records are referred to as correlated information and the data set is defined as correlated data set. A differential privacy technique performed on a correlated data set will disclose more information than expected, and this is a serious privacy violation. Although recent research was concerned with this new privacy violation, it still calls for a solid solution for the correlated data set. Moreover, how to decrease the large amount of noise incurred via differential privacy in correlated data set is yet to be explored. To fill the gap, this paper proposes an effective correlated differential privacy solution by defining the correlated sensitivity and designing a correlated data releasing mechanism. With consideration of the correlated levels between records, the proposed correlated sensitivity can significantly decrease the noise compared with traditional global sensitivity. The correlated data releasing mechanism correlated iteration mechanism is designed based on an iterative method to answer a large number of queries. Compared with the traditional method, the proposed correlated differential privacy solution enhances the privacy guarantee for a correlated data set with less accuracy cost. Experimental results show that the proposed solution outperforms traditional differential privacy in terms of mean square error on large group of queries. This also suggests the correlated differential privacy can successfully retain the utility while preserving the privacy.