THE COUNCIL,

HAVING REGARD TO:

• the Convention on the Organisation for Economic Co-operation and Development of 14 December 1960, in particular, articles 1 b), 1 c), 3 a) and 5 b) thereof;
• the Recommendation of the Council concerning Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data of 23 September 1980 [C(80)58(Final)];
• the Declaration on Transborder Data Flows adopted by the Governments of OECD Member countries on 11 April 1985 [Annex to C(85)139];
• the Recommendation of the Council concerning Guidelines for the Security of Information Systems of 26-27 November 1992 [C(92)188/FINAL];
• the Directive [95/46/EC] of the European Parliament and of the Council of the European Union of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
• the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-use Goods and Technologies agreed on 13 July 1996;
• the Regulation [(EC) 3381/94] and the Decision [94/942/PESC] of the Council of the European Union of 19 December 1994 concerning the control of the export of dual-use goods;
• and the Recommendation [R(95)13] of the Council of Europe of 11 September 1995 concerning problems of criminal procedural law connected with information technology;

• that national and global information infrastructures are developing rapidly to provide a seamless network for world-wide communications and access to data;
• that this emerging information and communications network is likely to have an important impact on economic development and world trade;
• that the users of information technology must have trust in the security of information and communications infrastructures, networks and systems; in the confidentiality, integrity, and availability of data on them; and in the ability to prove the origin and receipt of data;
• that data is increasingly vulnerable to sophisticated threats to its security, and ensuring the security of data through legal, procedural and technical means is fundamentally important in order for national and international information infrastructures to reach their full potential;

• that, as cryptography can be an effective tool for the secure use of information technology by ensuring confidentiality, integrity and availability of data and by providing authentication and non-repudiation mechanisms for that data, it is an important component of secure information and communications networks and systems;
• that cryptography has a variety of applications related to the protection of privacy, intellectual property, business and financial information, public safety and national security, and the operation of electronic commerce, including secure anonymous payments and transactions;
• that the failure to utilise cryptographic methods can adversely affect the protection of privacy, intellectual property, business and financial information, public safety and national security and the operation of electronic commerce because data and communications may be inadequately protected from unauthorised access, alteration, and improper use, and, therefore, users may not trust information and communications systems, networks and infrastructures;
• that the use of cryptography to ensure integrity of data, including authentication and non-repudiation mechanisms, is distinct from its use to ensure confidentiality of data, and that each of these uses presents different issues;
• that the quality of information protection afforded by cryptography depends not only on the selected technical means, but also on good managerial, organisational and operational procedures;

• that governments have wide-ranging responsibilities, several of which are specifically implicated in the use of cryptography, including protection of privacy and facilitating information and communications systems security; encouraging economic well-being by, in part, promoting commerce; maintaining public safety; and enabling the enforcement of laws and the protection of national security;
• that although there are legitimate governmental, commercial and individual needs and uses for cryptography, it may also be used by individuals or entities for illegal activities, which can affect public safety, national security, the enforcement of laws, business interests, consumer interests or privacy; therefore governments, together with industry and the general public, are challenged to develop balanced policies;
• that due to the inherently global nature of information and communications networks, implementation of incompatible national policies will not meet the needs of individuals, business and governments and may create obstacles to economic co-operation and development; and, therefore, national policies may require international co-ordination;
• that this Recommendation of the Council does not affect the sovereign rights of national governments and that the Guidelines contained in the Annex to this Recommendation are always subject to the requirements of national law;

RECOMMENDS THAT MEMBER COUNTRIES:

1. establish new, or amend existing, policies, methods, measures, practices and procedures to reflect and take into account the Principles concerning cryptography policy set forth in the Guidelines contained in the Annex to this Recommendation (hereinafter "the Guidelines"), which is an integral part hereof; in so doing, also take into account the Recommendation of the Council concerning Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data of 23 September 1980 [C(80)58(Final)] and the Recommendation of the Council concerning Guidelines for the Security of Information Systems of 26-27 November 1992 [C(92)188/FINAL];
2. consult, co-ordinate and co-operate at the national and international level in the implementation of the Guidelines;
3. act on the need for practical and operational solutions in the area of international cryptography policy by using the Guidelines as a basis for agreements on specific issues related to international cryptography policy;
4. disseminate the Guidelines throughout the public and private sectors to promote awareness of the issues and policies related to cryptography;
5. remove, or avoid creating in the name of cryptography policy, unjustified obstacles to international trade and the development of information and communications networks;
6. state clearly and make publicly available, any national controls imposed by governments relating to the use of cryptography;
7. review the Guidelines at least every five years, with a view to improving international co-operation on issues relating to cryptography policy.

• PREFACE
• GUIDELINES FOR CRYPTOGRAPHY POLICY
• REPORT ON BACKGROUND AND ISSUES OF CRYPTOGRAPHY POLICY

 

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