Download International and judicial legal studies commission.

Cyber Security and Data
Protection
An Open, Safe and Secure
Cyberspace
Presented by Mrs Drudeisha Madhub
(Data Protection Commissioner )
Email: [email protected]
Tel:+230 201 36 04
Helpdesk:+230 203 90 76
Website: http://dataprotection.gov.mu
Address: 4th Floor, Emmanuel Anquetil
Building, Port Louis
28th October 2013
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.
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
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.
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.
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.
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.
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.
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.
28 October 2013
Legislations: The Data Protection Act
The Data Protection Act 2004 was proclaimed in its
entirety on the 16th of February 2009.
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
It :
Protects the individual’s right to privacy thus giving them
greater confidence in the use of e-commerce and egovernment.
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
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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
 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.
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
28th October 2013