13.1 Chapter 13 Privacy © 2003 by West Legal Studies in Business/A Division of Thomson Learning.
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Transcript of 13.1 Chapter 13 Privacy © 2003 by West Legal Studies in Business/A Division of Thomson Learning.
13.2
Political and Social Context
Personally identifiable information (PII)
Sectoral approach
Omnibus method
Commoditization of private information Data creep
Segmentations include privacy fundamentalists (25%), privacy pragmatists (63%), and privacy unconcerned (12%)
13.3
What is Privacy?
Public-sector vs. private-
sector
Privacy vs. confidentiality
Privately-held vs. publicly-
held
13.4
Regulation of Private Data Management
Basic mechanics of modern private data activities Data acquisition
Information analysis
Use of knowledge
Nature of privacy rights
13.5Law and Economics of Private
Information What is meant by drawing the
privacy “balance?”
Present arguments against strong privacy rights.
Present arguments for strong privacy rights.
13.6
Fair Information Practice Principles
1. Notice
2. Choice
3. Consent
4. Access
5. Security
6. Enforcement
13.7
Constitutional Amendments as Basis for
Privacy Rights
1st1st
3rd3rd
4th4th
5th5th
6th6th
9th9th
10th10th
14th14th
Freedoms of speech, religion, press, petitions, assembly, Freedoms of speech, religion, press, petitions, assembly,
No quartering of soldiersNo quartering of soldiers
No unlawful search and seizureNo unlawful search and seizure
No double jeopardy, self-incrimination, or taking of private propertyNo double jeopardy, self-incrimination, or taking of private property
Trials of public record, confronting witnessesTrials of public record, confronting witnesses
Stating rights in Constitution does not deny people other rightsStating rights in Constitution does not deny people other rightsReserves power of government to states or to the peopleReserves power of government to states or to the peopleDue process in states, privileges and immunities, equal protection of the lawsDue process in states, privileges and immunities, equal protection of the laws
13.8
Privacy in Regulatory and Law Enforcement
Rights pertaining to discovery and production of documents are covered under the Fourth Amendment
Other evidentiary privileges include Privileged communications
Search and seizure
Privacy under federal FOIA and state open records laws
13.9
USA PATRIOT ACT
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001
http://www.epic.org/privacy/terrorism/hr3162.html
Enacted in response to 11 September 2001 attacks
Amended more than 15 existing laws
13.10
USA PATRIOT ACT
Four principal categories Greater communication monitoring
authority for federal LEO and intelligence
Increased authority for Secretary of the Treasury to regulate banks to prevent money laundering
13.11
USA PATRIOT ACT
Four principal categories Making it more difficult for terrorists to
enter the US
Defining new crimes and penalties for terrorist activity
13.12
Increased Monitoring
Allows for using internet to track email addresses and URLs
Does not require probable cause
Requires warrant
Extends jurisdiction of court approval
Allows for national search warrants
13.13
Increased Monitoring
Broadens roving surveillance
Previously required law enforcement purpose and demonstration that the subject used the device to be monitored
Now allowed for intelligence
Does not require reporting back to the court
13.14
Increased Monitoring
Allows for intercepting computer based communication without warrant if Access to computer was illegal
Computer owner gives permission
Allows search without warrant if there is “reasonable” belief that providing notice of warrant may have an “adverse affect”
13.15
Increased Monitoring
Allows seizure of property if it “constitutes evidence of a criminal offense” even if not terror related
Makes it easier for FBI to obtain warrant for medical, educational, library, religious organization records
No need to show probable cause
Only requires statement of support of ongoing investigation
13.16
Increased Monitoring
Illegal for record provider to Reveal existence of warrant
Tell anyone that they provided information
Prohibits FBI from investigating citizens solely on basis of First Amendment activities
13.18
Privacy Rights Under State Law
Public disclosure of private facts
False light
Misappropriation
13.19
Electronic Privacy
Profiling
Unsolicited commercial e-mail (Spam)
Telecommunications
Children's online privacy
13.20
Financial Privacy
Fair Credit Reporting Act of 1970Fair Credit Reporting Act of 1970 Assures fairness in credit reports
without burdening the credit reporting system
Consumer reports are compiled from lender reports
Provides for consumer disputes of accuracy of information in credit reports
13.21
Financial Privacy
Gramm-Leach-Bliley Act of 1999Gramm-Leach-Bliley Act of 1999 Introduces consolidation of financial
service firms
• Commercial banking• Investment banking• Insurance
Requires secrecy measures, notice and opt-out consent
13.22
Health Care Privacy
Primary use is for treatment, payment and business operations
Secondary uses are hiring, insurability or treatment eligibility
Health Insurance Portability and Accountability Act (HIPPA) Defines health care information as
personal identifying information Requires protection of PII
13.23
Employment and Workplace Privacy
Substance use or abuse Federal lie detector prohibitions Workplace surveillance Workplace e-mail privacy
13.24
Privacy and Self-Regulation
Netiquette
Chief privacy officers
Objective self-regulation
Seal program