Monday 18th January 2016, Singapore ITU SG-20 Joseph A. Cannataci Co-ordinating Person for PUPIE, CONSENT, SMART, RESPECT, MAPPING, CARISMAND projects Chair in European Information Policy & Technology Law Co-Founder STeP – Security, Technology & e-Privacy Research Group Faculty of Law, University of Groningen, The Netherlands Head of Department of Information Policy and Governance Faculty of Media and Knowledge Sciences University of Malta Professor (adjunct) Security Research Institute School of Computer and Security Sciences Edith Cowan University, Australia Professor Joe Cannataci UN Special Rapporteur on Privacy University of Groningen / University of Malta srprivacy@ohchr.org j.a.cannataci@rug.nl / j.cannataci@sec.research.um.edu.mt “As every man goes through life he fills in a number of forms for the record, each containing a number of questions…There are thus hundreds of little threads radiating from every man, millions of threads in all. If these threads were suddenly to become visible, the whole sky would look like a spider’s web, and if they materialized like rubber bands, buses and trams and even people would lose the ability to move and the wind would be unable to carry torn-up newspapers or autumn leaves along the streets of the city.” Aleksandr Solzhenitsyn Smart cities make Solzhenitsyn’s concerns look miniscule It is no longer (only) the forms that we fill It is the electronic tracks that we leave everywhere... …and of which most of us are often never conscious A problem with the English language Why English must catch up with French SURVEILLABLE, adjectif Définition de surveillable adjectif singulier invariant en genre 1.Qui peut être surveillé. I can’t find a neat equivalent for surveillable in English or any English dictionary Let’s all start using the word surveillable (Oxford/Fowler Dictionary please note) because Smart Cities may accelerate our transition from served to surveillable to surveilled We are already super-surveillable on-line Smart cities complete the eco-system of surveillable envrionments for us to live in Book eight years ago (2008) Stats four years ago (2012) Are smart cities worth the risk? Privacy, autonomy and freedom “in a society where modern information technology is developing fast, many others may be able to find out how we act. And that, in turn, may reduce our freedom to act as we please – because once others discover how we act, they may think that it is in their interest, or in the interest of society, or even in our own interest to dissuade us, discourage us, or even stopping us from doing what we want to do, and seek to manipulate us to do what they want to do” (Paul Sieghart 1983) Privacy and autonomy: a formula “Shorn of the cloak of privacy that protects him, an individual becomes transparent and therefore manipulable. A manipulable individual is at the mercy of those who control the information held about him, and his freedom, which is often relative at best, shrinks in direct proportion to the extent of the nature of the options and alternatives which are left open to him by those who control the information” (Cannataci - 1986) Quality of life – defined by some values The right to free development of personality Autonomy as a value Self-determination as part of the conceptual framework of autonomy The right to self –determination – as a value emanating from the value of autonomy The right to political self-determination The right to informational self-determination Informational self-determination as a design criteria for smart cities It is stupid to lose quality of life It’s the SMART CITY STUPID Are we being stupid about smart cities? What do others understand by the term smart city? Try googling “ images for smart city” The results help you understand the many features that are being considered to be benefits from smart cities …but are they all benefits? Are these supposed benefits a double-edged sword? Will the aggregation of all data in a smart city lead to an unacceptable deterioration of our quality of life? Smart everything (except us?) Before going on to smart city solutions Let’s reflect a bit about privacy, smart cities and re-writing the social contract Have the last ten years of the Internet already changed the social contract? Technology development is key Private Corporations took advantage of technology development…but put the fine print of their business model into very fine print indeed Governments have also taken advantage of technology development…and they have not been telling their citizens about how they are using it to snoop upon them Until recently there was no structured discussion about the way corporations and governments have been changing the social contract without formal or informal consultations No Privacy – By Design? Preventing Smart Cities from becoming the antithesis of privacy by design Re-writing the new social contract – one where values can be properly protected Who will provide a lead? ITU should be part of the solution, and should take a joint lead In the world of big data how can the medio stat virtus be found in smart cities? The path to stupidly-surveillable The arrival of the computer has made us much more surveillable Mobile devices and our being always on-line have led to us being super-surveillable Smart cities will make us super-sempre-surveillable Smart cities will generate so much data that no human can ever analyse so much quantity so, by definition, for a smart city to be worth-while, to be viable, most processing must be automated including the automated profiling of individuals. By definition, unless properly designed, a smart city will make us stupidly-surveillable Conclusion: 5 ideas to prevent the transition from surveillable to surveilled 1. 2. 3. 4. 5. Develop safeguards to prevent everybody becoming surveilled, often by gving us the option to be less surveillable; Develop and adopt disincentives for automated profiling Fund and increase proper, adequate resourcing for research i.e. for understanding the possible and undesired - hitherto sometimes unforeseeable and unforeseen – of smart cities in the era of open data and big data Integrate Privacy as a value as part of the value system of the right to free development of personality and the right to informational self-determination in smart city design Design-guidelines to develop privacy-friendlier smart cities Two ways of defining information policy “a question of encouraging the right information flows and discouraging the wrong ones” (Paul Sieghart 1983) “Like any other policy, Information Policy deals with principles or rules that guide decisions in order to achieve a rational outcome. Two factors distinguish Information Policy from other areas. Firstly, its subject focus i.e., the flows of information and the constant tension that exists between information flows which have grown organically and those which were born, intentionally or intentionally out of deliberate policy decisions. Secondly, that it involves a variety of actors as it relates to the information-related behaviour and decisions made by any one or a combination of an individual (e.g. a natural person exercising informational self-determination), a private collective (not enjoying a legal persona), a for-profit or not-for-profit corporation (enjoying a legal persona), other non-state actors and finally, state actors and sub-sets thereof. “ (Cannataci 2015) From an information policy point of view The internet grew inorganically and has made us infinitely more surveillable – we are now considering whether society should intervene through a properlythought out information policy for a society which is always on-line Smart cities risk growing inorganically and risk making us stupidly surveillable – ITU S-SG20 is part of the structured discussion as to where, when and how (rather than if) we should intervene through relevant, evidence-based information policy I wish you well Thank you for your attention E-Mail: srprivacy@ohchr.org j.a.cannataci@rug.nl jcannataci@sec.research.um.edu.mt Web: http://www.ohchr.org/EN/Issues/Privacy/SR/Pages/SRPrivacyIndex.aspx www.um.edu.mt/maks/ipg/lexconverge www.smartsurveillance.eu www.respectproject.eu