Cyber Security and Data Protection Presented by Mrs Drudeisha Madhub (Data Protection Commissioner ) Tel: Helpdesk: Website: Address: 4th Floor, Emmanuel Anquetil Building, Port Louis Presented by Mrs Drudeisha Madhub (Data Protection Commissioner ) p Tel: Helpdesk: Website: Address: 4th Floor, Emmanuel Anquetil Building, Port Louis 28th October 2013 An Open, Safe and Secure Cyberspace

Personal Data- A Commodity? Personal data has become a highly valuable asset. The market for analysis of large sets of data is growing fast per year worldwide The currency for this new digital economy is data and in many cases, Personal Data. Personal data has become a highly valuable asset. The market for analysis of large sets of data is growing fast per year worldwide The currency for this new digital economy is data and in many cases, Personal Data. 28th October 2013

Trust is waning:- It is only when consumers can 'trust' that their data is well protected that they will continue to entrust businesses and authorities with it by buying online and accepting new product developments and services Citizens are also increasingly aware of the risks linked to Cyber-Security It is only when consumers can 'trust' that their data is well protected that they will continue to entrust businesses and authorities with it by buying online and accepting new product developments and services Citizens are also increasingly aware of the risks linked to Cyber-Security 28th October 2013

Cybersecurity concerns:- According to a Eurobarometer survey carried out last year, the level of concern about cyber-security is increasing. 74% of respondents agreed that the risk of becoming a victim of cybercrime has gone up in the past year. According to a Eurobarometer survey carried out last year, the level of concern about cyber-security is increasing. 74% of respondents agreed that the risk of becoming a victim of cybercrime has gone up in the past year. 28th October 2013

Actions Required:- It is in the Government's and the business’ interest to reverse these figures. This lack of trust affects behaviour online A modern set of data protection rules and greater cyber-security resilience will contribute to more people using more online services which directly translates into growth for the companies. It is in the Government's and the business’ interest to reverse these figures. This lack of trust affects behaviour online A modern set of data protection rules and greater cyber-security resilience will contribute to more people using more online services which directly translates into growth for the companies. 28 October 2013

Various Actors Thus Data protection law and Cyber-Security measures are complementary. Data Protection Office, Cert-MU, Cyber Crime Unit of the Police and other bodies have to cooperate and work together. Thus Data protection law and Cyber-Security measures are complementary. Data Protection Office, Cert-MU, Cyber Crime Unit of the Police and other bodies have to cooperate and work together. 28 October 2013

Various Actors Cyber-security and data protection concerns are borderless. The engagement with key international partners and organisations should be enhanced. A Strategy should set out a series of measures that should be taken to address the threat. Cyber-security and data protection concerns are borderless. The engagement with key international partners and organisations should be enhanced. A Strategy should set out a series of measures that should be taken to address the threat. 28 October 2013

The imperative of data protection When personal data is at stake, any information sharing should be compliant with data protection law and take full account of fundamental rights. When fighting cyber-crime, law enforcement authorities should apply investigative measures as sophisticated as the software they are trying to fight. When personal data is at stake, any information sharing should be compliant with data protection law and take full account of fundamental rights. When fighting cyber-crime, law enforcement authorities should apply investigative measures as sophisticated as the software they are trying to fight. 28 October 2013

The imperative of data protection -ctd Bypassing the data protection rules would mean violating citizens' rights and exposing companies to significant legal risks There is a need for Mutual Legal Assistance Agreements to be negotiated between law enforcement authorities of different jurisdictions to combat cybercrime and data protection breaches. Bypassing the data protection rules would mean violating citizens' rights and exposing companies to significant legal risks There is a need for Mutual Legal Assistance Agreements to be negotiated between law enforcement authorities of different jurisdictions to combat cybercrime and data protection breaches. 28 October 2013

Legislations: The Data Protection Act The Data Protection Act 2004 was proclaimed in its entirety on the 16th of February In addition, The Data Protection Act 2004 gives individuals rights to protect them against data protection breaches, and creates obligations for those keeping personal information. Under the Act, individuals have the right to be informed of any data processing activity which relate to them as data subjects. It is also the responsibility of Data controllers to secure the data in their custody. The Data Protection Act 2004 was proclaimed in its entirety on the 16th of February In addition, The Data Protection Act 2004 gives individuals rights to protect them against data protection breaches, and creates obligations for those keeping personal information. Under the Act, individuals have the right to be informed of any data processing activity which relate to them as data subjects. It is also the responsibility of Data controllers to secure the data in their custody. 28th October 2013

Data Protection Act complements the objectives of the Electronic Transactions Act Data Protection Act complements the objectives of the Electronic Transactions Act It : Protects the individual’s right to privacy thus giving them greater confidence in the use of e-commerce and e- government. Provides enhanced protection for the physical and electronic security of personal information. Ensures personal information is used correctly, that the information is accurate and limits access to the information to only those with a legitimate right to the information. Ensures successful facilitation of trading relations with international partners that have similar legislation. It : Protects the individual’s right to privacy thus giving them greater confidence in the use of e-commerce and e- government. Provides enhanced protection for the physical and electronic security of personal information. Ensures personal information is used correctly, that the information is accurate and limits access to the information to only those with a legitimate right to the information. Ensures successful facilitation of trading relations with international partners that have similar legislation. 28th October 2013

Fight against cybercrime Fight against cybercrime The fight against cyber-crime often involves the collection of information about the electronic behaviour of individuals. A law enforcement authority may require information, sometimes personal data, held by a company. The law enforcement body may be in one country and the company in another. How should such requests be tackled? Two imperatives – data protection and law enforcement – have to be weighed against each other. Sensible solutions that reconcile the two need to be found. The fight against cyber-crime often involves the collection of information about the electronic behaviour of individuals. A law enforcement authority may require information, sometimes personal data, held by a company. The law enforcement body may be in one country and the company in another. How should such requests be tackled? Two imperatives – data protection and law enforcement – have to be weighed against each other. Sensible solutions that reconcile the two need to be found. 28th October 2013

DPA exceptions DPA exceptions We have to recognise that while data protection is a fundamental right, it is not absolute. It should shape but not prevent the fight against cyber-crime. The DPA have enacted provisions as exceptions in order to fight crimes - be it cyber crime too. We have to recognise that while data protection is a fundamental right, it is not absolute. It should shape but not prevent the fight against cyber-crime. The DPA have enacted provisions as exceptions in order to fight crimes - be it cyber crime too. 28th October 2013

The right tools for cyber security There is a need to act both on the preventive as well as on the defensive aspects. The right tools have to be available to authorities concerned The manpower have also to be trained to fight cybercrime. There is a need to act both on the preventive as well as on the defensive aspects. The right tools have to be available to authorities concerned The manpower have also to be trained to fight cybercrime. 28th October 2013

Conclusion We have to build synergies among different bodies and partners And Act together to deliver a safe, free Internet for everyone We have to build synergies among different bodies and partners And Act together to deliver a safe, free Internet for everyone 28th October 2013