Countries and companies are fighting at the expense of our data privacy

Data privacy issues are a hot topic in a world where we apparently don’t know who to trust anymore.

A few weeks ago, we reported how the UK had secretly ordered Apple to provide blanket access to protected cloud backups around the world. This week, Apple decided to pull the plug on Advanced Data Protection (ADP) for UK users.

ADP is an opt-in data security tool designed to provide Apple users a more secure way to protect data stored in their iCloud accounts. Enabling ADP would ensure that even Apple could not access the data, which would mean that Apple was unable to hand over any information to law enforcement.

Something similar happened when Sweden’s law enforcement and security agencies started to push legislation which would force Signal and WhatsApp to create technical backdoors, allowing them to access communications sent over the encrypted messaging apps. The proposed bill prescribes that companies like Signal and WhatsApp need to store all messages sent using the apps.

President of the Signal Foundation, Meredith Whittaker, told Swedish SVT News that the company will leave Sweden if the bill becomes a reality.

So basically, by seeking to obtain encryption backdoors, which are not likely to remain exclusive, these governments are undermining the data privacy options of their citizens. A backdoor can and will eventually be found by those that we absolutely didn’t want to snoop around in our backups and chat logs.

It doesn’t just affect the countries at the heart of the request. The US director of national intelligence is reportedly going to investigate whether the UK broke a bilateral agreement by issuing the order that would allow the British to access backups of data in the company’s encrypted cloud storage systems,

The bilateral agreement in question is the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) Agreement, which—among other things—bars the UK from issuing demands for the data of US citizens and vice versa. The CLOUD Act primarily allows federal law enforcement to compel US-based technology companies via warrant or subpoena to provide requested data stored on servers regardless of whether the data is stored in the US or on foreign soil. Provisions in the act state that the United Kingdom may not issue demands for data of US citizens, nationals, or lawful permanent residents, nor is it authorized to demand the data of persons located inside the US.

Globally, governments and law enforcement agencies continue to seek more control over data through new legislations and rules. States regulate data to protect national security and provide domestic firms access to user (and anonymous) data to boost competitiveness, ease law enforcement’s qualms when accessing data, and ward off foreign surveillance.

But at the end of the day, the criminals that law enforcement agencies are after, will end up using expensive private phone networks, and the general population will be left with tools that have been broken on purpose. Backdoors that have been created will be waiting for cybercriminals to find the cracks and access our “encrypted” data.

Meanwhile, privacy is recognized as a universal human right while data protection is not. And it should be. Even if we think we “have nothing to hide” cybercriminals will find a way to use that data against us, if only to make their phishing attempts more credible. Let alone, trade and economic secrets that could fall into the hands of competitors or “unfriendly” nations.

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