Biblio

Regulatory efforts such as the General Data Protection Regulation (GDPR) embody a notion of privacy risk that is centered around the fundamental rights of data subjects. This is, however, a fundamentally different notion of privacy risk than the one commonly used in threat modeling which is largely agnostic of involved data subjects. This mismatch hampers the applicability of privacy threat modeling approaches such as LINDDUN in a Data Protection by Design (DPbD) context. In this paper, we present a data subject-aware privacy risk assessment model in specific support of privacy threat modeling activities. This model allows the threat modeler to draw upon a more holistic understanding of privacy risk while assessing the relevance of specific privacy threats to the system under design. Additionally, we propose a number of improvements to privacy threat modeling, such as enriching Data Flow Diagram (DFD) system models with appropriate risk inputs (e.g., information on data types and involved data subjects). Incorporation of these risk inputs in DFDs, in combination with a risk estimation approach using Monte Carlo simulations, leads to a more comprehensive assessment of privacy risk. The proposed risk model has been integrated in threat modeling tool prototype and validated in the context of a realistic eHealth application.

Learning analytics open up a complex landscape of privacy and policy issues, which, in turn, influence how learning analytics systems and practices are designed. Research and development is governed by regulations for data storage and management, and by research ethics. Consequently, when moving solutions out the research labs implementers meet constraints defined in national laws and justified in privacy frameworks. This paper explores how the OECD, APEC and EU privacy frameworks seek to regulate data privacy, with significant implications for the discourse of learning, and ultimately, an impact on the design of tools, architectures and practices that now are on the drawing board. A detailed list of requirements for learning analytics systems is developed, based on the new legal requirements defined in the European General Data Protection Regulation, which from 2018 will be enforced as European law. The paper also gives an initial account of how the privacy discourse in Europe, Japan, South-Korea and China is developing and reflects upon the possible impact of the different privacy frameworks on the design of LA privacy solutions in these countries. This research contributes to knowledge of how concerns about privacy and data protection related to educational data can drive a discourse on new approaches to privacy engineering based on the principles of Privacy by Design. For the LAK community, this study represents the first attempt to conceptualise the issues of privacy and learning analytics in a cross-cultural context. The paper concludes with a plan to follow up this research on privacy policies and learning analytics systems development with a new international study.