RECOGNISING:

[13] -- that, as cryptography can be an effective tool for ensuring the secure use of digital technology by providing confidentiality, authentication, integrity, and non-repudiation of data, [by ensuring conf identiality and integrity of data and providing authentication and non-repudiation mechanisms for that data,] it is an important component of secure information and communications systems, which play a [crucial] role in the development [operation] of the national and global information infrastructures;

[14] -- 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; ⁽³⁾

[15] -- that the use of cryptography for authentication, integrity and non-repudiation is distinct from its use for confidentiality, [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 [benefits and] issues;

[ 16] -- that the failure to utilise cryptographic methods can [may] adversely affect [personal] privacy by limiting the abilities of individuals to achieve ⁽⁴⁾ confidentiality of data, or by facilitating [allowing] unlawful or unauthorised access to data; ⁽⁵⁾

[17] -- that cryptography is only one of many tools in an information security system; the quality of information protection afforded by cryptography depends not only on the selected technical means, but also on good [technical] managerial, organisational and operational procedures;

AND FURTHER RECOGNISING:

[18] - that governments have wide-ranging responsibilities [with respect to their citizens], several of which are specifically implicated in the use of cryptography, including, facilitating appropriate protection of privacy and of the security of information systems; encouraging economic well-being by, in part, promoting commerce; maintaining public safety; and enabling law enforcement [,including] the enforcement of tax laws,] and the protection of national security;

[19] [-- that there are legitimate commercial, administrative and individual needs and uses for cryptography, but that cryptography may also be used by individuals or entities to prevent lawful access to information or for illegal activities, which in turn may [will] affect public safety, law enforcement, [including the enforcement of tax laws,/ national security, business, privacy or consumer protection [consumer interests]; governments [industry and the general public] are, therefore, challenged to achieve a balanced policy concerning these interests,] ⁽⁶⁾

[20] -- that the inherently global nature of developing information and communications networks necessitates international co-operation on [policy-making, including policy-making on] cryptography issues, and that [it follows, therefore, that] implementation of incompatible national policies will not meet the needs of individuals, business and governments for world-wide technologies [networks] and applications;

[21 ] -- that, although national policies should be internationally co-ordinated,, this Recommendation of the Council does not affect the sovereign rights of national governments [in respect of public safety, law enforcement and national security], and that the Guidelines contained in the Annex to this Recommendation are always subject to the requirements of national law;

[22] [-- that, in the particular case offederal countries, the implementation of this Recommendation may be affected by the division of powers in the federation;]