H2020-EUJ-02-2016
H2020 Grant Agreement Number 723076
NICT Management Number 18302

Deliverable D2.3

First Ethics Report
Version V1.0
June 30, 2017

ABSTRACT
Protection of personal data is the only potential ethics issue in the use cases of
the CPaaS.io project. This report summarizes the findings of the ethics analysis
performed for each project use case and gives an outlook what will be necessary
for the upcoming use case implementations.

This work is licensed under the Creative Commons Attribution 4.0 International License.
To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/.

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Disclaimer
This document has been produced in the context of the CPaaS.io project which is jointly funded by theEuropean Commission (grant agreement n° 723076) and NICT from Japan (management number 18302).
All information provided in this document is provided "as is" and no guarantee or warranty is given thatthe information is fit for any particular purpose. The user thereof uses the information at its sole risk andliability. For the avoidance of all doubts, the European Commission and NICT have no liability in respectof this document, which is merely representing the view of the project consortium. This document issubject to change without notice.

Document Information
Editors
Authors

Reviewers
Delivery Type
Dissemination
Level
Contractual
Delivery Date
ActualDelivery Date
Keywords

H2020 EUJ-02-2016

Stephan Haller (BFH)
Martin Strohbach (AGT), Alexander Overtoom (TTN), Toshihiko
Yamakami (ACC), Hiroshi Amano(MSJ), Noboru Koshizuka (UoT), Chiaki
Ishikawa (YRP), Katsunori Shindo (YRP)
Stefan Gessler (NEC)R
PublicJune 30, 2017

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Revision History
Rev.
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Date
16/05/2017

Contributors
Stephan Haller (BFH)

30/06/2017

Description
Table of Contents andinitialAdded text for section
2.1 and section 3 (EUE)
Description of ethics
added by TTN
Description of ethics
added by ACC
Description of ethics
added by MSJ
Description of ethics
added by UoT and YRPIntroduction, Abstractand final editing
Description of ethics
modified by MSJ
Review

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01/06/2017

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Final editing

Stephan Haller (BFH)

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Martin Strohbach (AGT)
Alexander Overtoom (TTN)
Toshihiko Yamakami (ACC)
Hiroshi Amano(MSJ)
Noboru Koshizuka (UoT), and Chiaki Ishikawa(YRP), Katsunori Shindo (YRP)
Stephan Haller (BFH)
Hiroshi Amano(MSJ)
Stefan Gessler (NEC)Page 3 of 14

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Table of Contents
1

Introduction............................................................................................................................................................................... 52

Personal Data in Current Prototype Releases............................................................................................................... 53

2.1

Event Management – Enhanced User Experience ............................................................................................. 5

2.2

Event Management – Sapporo Visitor Experience ............................................................................................ 5

2.3

Event Management – Tokyo Management of Service Vehicles ................................................................... 6

2.4

Waterproof Amsterdam............................................................................................................................................... 6

2.5

Yokosuka Emergency Medical Care ........................................................................................................................ 6

Future Plans ............................................................................................................................................................................... 8

Appendix A: Consent Forms used by AGT in Color Run Utrecht ................................................................................... 9
Appendix B: Consent Forms used in Japan – Draft Standard on agreement on the handling of personal
information .......................................................................................................................................................................................11

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1 Introduction
Some of the use cases in CPaaS.io deal with personal data. Protecting of such data is not only importantto get people’s acceptance of such a platform and the related applications and services, but it is also a
legal requirement. How CPaaS.io is generally dealing with this issue, as well as respective procedures andpolicies have already been described in D1.1, Protection of Personal Data (POPD) Requirements, and theinitial plan of how to apply this in the concrete use cases have been outlined in the initial DataManagement Plan (D7.2).
This deliverable now describes how the concrete activities undertaken in order to protect personal datain the use case implementations for CPaaS.io.

2 Personal Data in Current Prototype Releases

2.1 Event Management – Enhanced User Experience
As part of the event management use case, AGT has collected personal data from 8 participants at the
Color Run in Utrecht in the Netherlands (see Deliverables D2.1 and D2.2). According to German law AGT
has informed and reviewed the activity with his data protection officer. Informed consent forms havebeen provided to each participant. All participants have signed the forms. The form is attached in the
Appendix of this deliverable.
As described in the first version of the CPaaS.io data management plan (D7.2) AGT has, quote,“implemented appropriate technical and organizational measures to ensure generated data is protectedfrom unauthorized or unlawful processing, accidental loss, destruction or damage. We review our
information collection, storage and processing practices regularly, including physical security measures,to guard against unauthorized access to our systems. We restrict access to generated data to only those
employees, contractors and agents who strictly need access to this information, and who are subject tostrict contractual confidentiality obligations.”

2.2 Event Management – Sapporo Visitor Experience
The Open Data Distribution Platform System manages visitors experience information which is related totourism and sports events organized by Sapporo city. We don’t have any personal information in thesystem.
To deal with information of Sapporo city we adopt a Create Commons (CC) license. CC licenses are a toolfor copyright holders to define under what can terms and conditions their creation can be used. Most
interesting is the CC-BY license which only requires to name the author of the creation in order to use it.
Security measures for the Open Data Distribution Platform System are to adopt a segmentationarchitecture between the global segment and the private segment from the network point of view.
Access to the global segment is like accessing the Internet network environment through a firewall andInternet gateway. Access to the private segment is limited by authorization.

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The system and network environment above is structured under the Microsoft Azure service
environment. It is certified by cloud security and operations standards under ISO and public market
organizations:•

ISMS : ISO/IEC 27001•

International Privacy Standard : ISO/IEC 27018•

Security management standard for cloud services: JASA CS mark as Gold•

Common information security standard for government agency in Japan : NISC common standard•

Online service system and account settlement with financial institution : FISC security standard

2.3 Event Management – Tokyo Management of Service Vehicles
As part of the Tokyo Management of Service Vehicles, we are currently investigating use cases for fieldtests. We are not collecting any personal data or any data to be protected so far.
The ethics issues will be appropriately addressed when new contexts that require ethics consideration are
identified and dealt with in our platform.

2.4 Waterproof Amsterdam
As part of the Waterproof Amsterdam application, we are currently collecting data from one pilot water
buffer device in Amsterdam. This concerns a so called ‘smart rooftop’, with a water buffering mechanismthat controls the outflow of rain water from the rooftop to the sewerage. Additionally, sensors aremeasuring temperature, humidity and wind speed on the rooftop.
The data we are collecting from the device’s API consists of sensor readings and metadata such as
geolocation. We are not collecting any personal data (e.g. name and residential address of the buffer
device owner). Concerning the geolocation of the water buffer, while the location is stored into the
FIWARE IoT Broker, there is no direct relation to any person or company. In the near future, the data
access will be secured via SSL encryption.
Further, the backend of the Waterproof application, which currently runs stand-alone from CPaaS.io,
does not actually use the data that is published on the device APIs of the water buffer manufacturers.
These data are for the time being merely formatted and stored into the FIWARE IoT broker.
So, the data processed by the Waterproof application are anonymous. Any personal data remains in the
database of the retailer of the buffer devices. This also applies to any following locations and devices weare connecting to the Waterproof application.

2.5 Yokosuka Emergency Medical Care
The on-going Yokosuka Emergency Medical Care project is to introduce modern ICT, such as IoTtechnology, in the emergency medical care practice. Currently, it has installed a camera insideambulances and sends the images of the patients to doctors at the hospitals for early diagnosis andselection of proper hospital wards depending on the condition of the patients. The system also plans tostreamline the dispatching of ambulances, but that aspect does not have any privacy concern for now.
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The medical practice inside the ambulance adopts the ordinary privacy protection policy and procedurein the general medical community. So there is nothing new in that regard except for one thing.
The image of the patient is considered private data. So before the system was installed, the City of
Yokosuka which operates the ambulances for emergency medical care reported the usage of the system
to the “Committee to evaluate the protection of privacy data” of the City of Yokosuka for thecommittee’s opinion. Today the system’s principles of operation require that an ambulance with thissystem needs a visible sticker that explains that the live image of the patient is transmitted to doctors inremote hospitals, and the consent from the patient or the party who accompanies the patient needs tobe obtained before the image is thus taken and transmitted. The committee did not object the usage ofthe system because it regards the operation as being in compliance with the Japanese privacy protection
laws and regulations. Also no party who has been transported by these ambulances objected to thetaking and transmission of the live images.

Figure 1: sticker inside the ambulance in the City of Yokosuka which explains the transmission of images.

This privacy angle regarding the live image transmission in an ambulance can be generalized. There is aschool of thought that suggests emergency medical care sometimes needs to be allowed to override theprivacy concerns. What if the patient in an ambulance or in emergency ward is unconscious, say, undercoma, and no one seems to have the power of attorney, so to speak, to give the permission to let others
to research and retrieve the patient’s past history from the hospitals the patient may have visited before,
for example. The patient may die due to improper care caused by the scarcity of past medical history.
This is not an idle philosophical question and often heard outside Yokosuka, too. This issue needs to be
formulated and solved once and for all before the real benefit of emergency medical care in ICT age isenjoyed by everyone including an unconscious patient carried by an ambulance. Unfortunately, thecurrent laws and regulations are not clear on this issue. That was why the City of Yokosuka was forced toconsult its Committee to evaluate the protection of privacy data before the system was installed.
Based upon our experience in Yokosuka and the ongoing discussion about this emergency vs. privacy
protection mentioned above, the template of the consent form discussed by the Japanese partners to be
used in CPaaS.io Japanese prototypes (more about this in the next section: “3 Future Plans”) includes thefollowing clause:
The Association shall not disclose or provide the Member's Personal Information to a third party unless
one of the following conditions is met…
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First Ethics Report(3) when there is a pressing need to protect the life, body or the property of the Member andobtaining the agreement from the Member in question in a timely manner is difficult
Solving this privacy issue regarding one’s medical information in case of medical emergency in a legallysatisfactory form completely is beyond CPaaS.io itself. However, YRP and its partners will be ready tocreate input to proper legal and government bodies if asked for an opinion on this matter.

3 Future Plans
Later this year AGT is planning to conduct a deployment at another Color Run in which similar data will
be collected as in the Utrecht Color Run. We will review this activity with our data protection officer andprovide updated informed consent forms targeted at this specific activity to the participants.
For the EU-Japan joint use case we are currently discussing the possibility to apply Color Run analytics at
the Sapporo Snow Festival. The scenarios under discussion would also involve the collection of personal
data and using signed informed consent forms. We would also need to clarify the regulations on how
personal data collected in Japan can be made available to European partners.
Aside from the EU-Japan joint use case, the Japanese partners have been discussing a possible generic
template for consent form for the collection of personal data to be used in Japan. That is attached as
appendix 3.2 (translated from the original Japanese so that it can be shown to visiting tourists who
understand English.)This template has been created by adhering to the requirements of the Japanese laws and regulations
regarding the online privacy data (Act on the Protection of Personal Information in particular 1). We havestrived to make this template compatible with the law, and also make it easily agreeable by the majority
of service recipients (i.e., the individuals who will consent to provide personal information to receive
some ICT services) based on the partners’ experience in the Sapporo trial and other experiences. The
Japanese partners intend to base future consent forms on this template during CPaaS.io. The law has
been modified and a new version has been announced and put into effect since May, 2017. So theJapanese partners will accommodate the necessary changes to bring the template into a form
compatible with the May, 2017 version of the law. We hope to report the successes/failures of the usageof the template in the future prototypes in the next version of this deliverable.

1

For details about this act, see http://www.japaneselawtranslation.go.jp/law/detail_main?id=130

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Appendix A: Consent Forms used by AGT in Color Run Utrecht
CONSENT FORM
Event members
Thank you for agreeing to be supplied with smart bracelets, smartphones, smart chest straps and amobile camera that will collect information about you when you are wearing it (“the wearables”) during
your attendance at the Color Run Event on 11th September 2016 starting 11:00am at Haarrijnseplas,
Utrecht, The Netherlands.
This notice sets out how AGT Group R&D GmbH, Hilpertstrasse 35, 64295 Darmstadt ("we" or "us") will
use the information collected from the wearables ("your data"). Your data will only be collected, used,retained, disclosed, transferred (together: “processing”) and secured in accordance with applicable dataprotection law.
The wearables and smartphone sensors will collect information about your location, motion (hand andbody movements based on acceleration and gyroscope sensors), heart rate and inter-beat (RR)
intervals, data on breathing, emotional arousal (based on galvanic skin response/skin conductance),
distance travelled, step counts, calories consumed, contact data, skin temperature, environmental
conditions (UV light, ambient light, barometric pressure, altitude). The wearables will also collect video
data about other participants running with you and collect audio information about yourself. Video data
about yourself may be collected by other participants using the wearables during the event. We will
require your email address in order to contact you about your data.
The purpose of the data collection effort is to compare the performance of wearables for detecting youractivities and emotional responses throughout the event. We will only use your data for (i) research
regarding the development of new products and services, (ii) user experience optimization, (iii) improving
event operations, and (iv) statistical analysis. Your data will be collected using the provided wearables
and after the event will be transferred to our servers and to third party cloud storage Amazon S3
operated by Amazon Web Services, seated in 410 Terry Avenue North, Seattle WA 98109,UnitedStates. The data will only be processed in an environment on servers within the European Economic
Area (EEA). Please note that your data will not be processed in order to make decisions about you in apersonal capacity. After your data has been initially collected, your data will be linked with a pseudonym.
Your email address will be stored separately from the data collected by the wearables but may be linked
to the pseudonym. Your email address will only be used to ask you questions that will help us better
understand your data. The remaining data will be anonymized insofar possible. Your data will be deleted
from our servers in 5 years.
We have implemented appropriate technical and organizational measures to ensure that your data is
protected from unauthorized or unlawful processing, accidental loss, destruction or damage. We review
our information collection, storage and processing practices regularly, including physical security
measures, to guard against unauthorized access to our systems. We restrict access to your data to only
those employees, contractors and agents who strictly need access to this information, and who aresubject to strict contractual confidentiality obligations.
We may share your data with consortium members of the EU (grant agreement number 723076) and“National Institute of Information and Communications Technology” from Japan (management number
18302) jointly funded project CPaaS. (Current members of the consortium are: “Bern University ofApplied Sciences”, Falkenplatz 24, 3012 Bern, Switzerland; “AGT Group (R&D) GmbH”, Hilpertstrasse
35, 64295 Darmstadt, Germany; “NEC Europe Ltd”, West end road Athene Odyssey Business Park
South RUISLIP, London HA4 6QE; “Odin Solutions S.L.”, Poligono Industrial Oeste, Calle Perú, 5, 30820
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Alcantarilla, Murcia, Spain; “University of Surrey”, Institute for Communication Systems, Stag Hill
Campus, Guildford, GU2 7XH, United Kingdom; “The Things Network”, Herengracht 182, Amsterdam
1016 BR, The Netherlands; “YRP Ubiquitous Networking Laboratory”, YRP Center No.1 Building, 3-4
Hikarino-oka, Yokosuka-City, Kanagawa-Prefecture, 239-0847, Japan; “Microsoft Corporation”, One
Microsoft Way, Redmond, WA 98052-7329 USA; “ACCESS CO.”, Daito Building, Kandaneribei-cho 3,
Chiyoda-ku, Tokyo 101-0022, Japan; “Ubiquitous Computing Technology Corporation”, 2-12-3 NishiGotanda, Shinagawa-ku, Tokyo 141-0031, Japan; “The University of Tokyo”, 7 Chome-3-1 Hongo,
Bunkyo, Tokyo 113-8654, Japan.) We will only share data containing pseudonyms as described above,
but not share any personal identifiers such as emails.
By default we will not disclose your data to any other third party. However, some of the wearables use
third party software of TomTom International B.V. (De Ruijterkade 154, 1011 AC Amsterdam, The
Netherlands), Carré Technologies Inc. (5800 Rue Saint-Denis #402a, Montréal, QC H2S 3L5, Canada),
and Polar Electro Oy (pääkonttori, Professorintie 5, 90440 Kempele, Finland) which may process yourlocation and movement, heart rate, data on breathing, and calories to servers outside of our control. This
processing is subject to the terms and conditions of the applicable third party. We will not enrich thesensor data uploaded by this software with any other personal data such as your email address.
Some of the operators of third party software as well as some consortium members of the project
CPaaS.io may store your data in countries which may not have the same level of data protection as in
the European Union (Third Countries). Recipients of data in Third Countries are not bound to theregulations of the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the European
data protection rules. Therefore, it is possible that Relevant Data might be transferred to otherauthorities; governmental control mechanisms; other third parties and judicial protection might not be
available.
Your consent is voluntary and can be revoked at any time with effect for the future by notifying us via
userinfo@agtinternational.com. You can also at any time return the wearables to AGT representatives,
Hilpertstraße 35, 64295 Darmstadt, if you no longer agree to the processing of your data and wish to
revoke your consent to the processing.
If you wish to access, correct or delete the personal information which we have collected about you, or if
you have any questions regarding this notice, please contact us at userinfo@agtinternational.com

By signing below you confirm that you have read this notice and you agree that your personal
information may be collected, processed and used as set out in this notice.

SIGNATURE
PRINT NAMEDATEEMAIL:

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Appendix B: Consent Forms used in Japan – Draft Standard on agreement on
the handling of personal information
The parties who wish to use the Service register their own personal information (hereinafter referred to
as Personal Information) to the Service. (Hereinafter these parties are referred to as Members.) Thisagreement (hereinafter referred to Agreement) defines the proper handling of Personal Information
between the Association and the Members. Members shall offer the Personal Information ONLY AFTER
they understand the content below and agree to it. The Association shall handle the Personal
Information properly according the "Basic Policy of Handling Personal Information" of the Association toprevent the leak of personal information.

Article 1: The overview and goal of the Service
This goal of this Service is to enable the Members to receive high-quality service that fits thepreference or likes/dislikes of the Members from the service providers (hereinafter referred to as
Servicer), by providing the individual attributes, preference and wishes (these are collectively called
personal information in this Service) of the Members to the Servicer. This Service is not for the CRM(Customer Relationship Management) of the Member's personal information done by corporations, etc.
This service is for letting the Members perform VRM (Vendor Relationship Management) by controlling
the provision of Personal Information to Servicers on their own in order to receive customized service
from the Servicers. The handling of Personal Information in the Service is done on the principle that theMembers have the ultimate authority over the handling based on this agreement, relevant laws andregulations.

Article 2: The Objective of the Use of Personal Information
The Association uses the Personal Information properly as the need arises in order to execute theService and the following projects (hereinafter referred to as Project).
(1)

*****

(2)

*****

Article 3: Voluntary Nature of Information Provision
The range of the provision of the Personal Information by the Members is arbitrary and is up to theMembers. Members shall understand that if there is personal information that is not provided by theMembers, the feasibility study experiments in the Project may not be executed fully, and the Members
may not be able to receive the Service and the service provided by the Project.

Article 4: Accuracy of Personal Information
Members shall not provide false Personal Information.

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2 Members shall upgrade the Personal Information to keep it current when the information changes asoften and timely as reasonably possible.
3 Members shall understand that if the Personal Information provided by the Members is not correct orinexact, the Service provided by the feasibility experiment in the Project to the Members may not have asatisfactory quality.

Article 5: The Right to Provide the Personal Information
The right to decide whether or not to provide the Personal Information of a Member belongs to theMember. The right to correct or delete the Personal Information, or decide to which Services the
Personal Information is provided belongs to the Member who has provided the Personal Information.

Article 6: Provision of Personal Information to the Third Parties
The Association shall not disclose or provide the Member's Personal Information to a third party unless
one of the following conditions is met.
(1) when there is an agreement from the Member to provide the information to Servicer in a manner
defined in Article7(2) when the data is published as a statistical data by which an individual identification is impossible(3) when there is a pressing need to protect the life, body or the property of the Member and obtaining
the agreement from the Member in question in a timely manner is difficult(4) when the information is requested on legal ground by the courts of law, prosecutor's offices, andpolice offices and other government offices(5) when laws and regulations mandates such provision(6) when Article11 and/or 12 apply

Article 7: The Method of Provision, etc.
The Association shall provide "CPaaS.io Portal App" in the form of a website or in the form of an
application to make it easy for Members to provide, review, correct, and delete Personal Information, andalso to agree to the provision of the Personal Information to Servicers. Members shall be able to performthe following actions any time using the CPaaS.io Portal App.
(1) Provision, correction and deletion of the Personal Information of the Member's own to the
Association(2) Agreement to provide the Personal Information to a Servicer, and the withdrawal of suchagreements

Article 8: Transparency of Provision

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By using the CPaaS.io Portal App, Member can identify the Servicers to which the Member has provided
the Member’s own Personal Information by using the App any time.

Article 9: Disclosure, Correction and Deletion of Personal Information
When the request for disclosure, correction, stopping the usage, withdrawing the provision to Servicers,
deletion, the disclosure of the purpose of the usage, etc. of a Member’s Personal Information is received
from the Member who has provided the information via CPaaS.io Portal App and other means, theAssociation responds according its internal rules as much as possible in a reasonable time.
2 The person in charge of the management of the Members' Personal Information is the Managing
Director of the Association.

Article 10: Security Management
The Association shall continue to apply the proper security measures, both technical and organizational,
to avoid the risks of illegal access, loss, erasure, unwanted alteration, leak, etc. of Members' Personal
Information.

Article 11: Shared Use of Personal Information in the Execution of the Project
The Association may use the Personal Information in a shared manner among the main contractor of the
Project and its partners in the Project listed in the Association’s website in order to execute the Project.
(1) Purpose of the usage: to be used during the execution of the Project(2) Personal Information that will be shared: all the information provided as Personal Information(3) The scope of the partners who will share the information: the main contractor of the Project and its
partners in the Project listed in the Association’s website(4) The responsible party for the management of Personal Information: Association for IoT Services
Coordination, a general incorporated association.

Article 12: Escrow of Personal Information for the Execution of the Project
The Association may put the Personal Information in an escrow at corporations that satisfy thereasonably high information management criteria defined by the Association (the corporations shall belisted in the Association’s website) for the execution of the Project.

Article 13: Disposal
The Association shall dispose the Personal Information after applying security measures such asprotection against illegal access by the third party, etc. according to the internal procedure of the
Association.

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Article 14: Inquiry
Inquiry regarding the Personal Information, or the request for disclosure, correction and deletion of the
Personal Information can be done by using the CPaaS.io Portal App. Other inquiries should be
addressed to the following:

Address.....
Organization Name.....
TEL：+81-3-****-****
E-mail：*****@***.***

Article 15: Miscellaneous(1) The formation, validity and performance of this Agreement shall be, in all aspects, governed by andinterpreted under the laws of Japan.
(2) This Agreement shall be created in Japanese. It is free to create the reference translation of theAgreement in other languages in so far as the interpretation of the Agreement is concerned, theJapanese language version shall prevail.
(3) Matters not stipulated in this Agreement and any other ambiguities which arise in relation to thisAgreement shall be settled through consultation in good faith by the parties involved.
(4) If the consultation does not settle issues, any proceedings relating to the content and execution ofthis Agreement shall be subject to the exclusive jurisdiction of the ***** Court or ***** Court as thefirst instance.

Article 16: Agreeing to this Agreement
When a Member agrees to this Agreement, the Member shall perform one of the following actions
below.
(1) If this Agreement is displayed electronically, please enter the date and your name in the designatedfields and push the "Register" button.
(2) If this Agreement is provided on paper, please enter the date, and put your name and a seal or put
your signature and send the agreement to the Association.

Day:
Month:Year:

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