“Privacy Today” Slide Presentation

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Information about “Privacy Today” Slide Presentation

Published on January 26, 2008

Author: tomasztopa

Source: slideshare.net

Description

The “Privacy Today” presentation was written for the IAPP by Professor Peter Swire of the Moritz College of Law of the Ohio State University. The materials cover the definition of privacy, ways to protect privacy, privacy harms, and fair information practices. The “Privacy Today” presentation is designed for college and university students.

Licensed under Creative Commons Attribution 3.0 Unported

“ Privacy Today”

Overview What is privacy Ways to protect privacy Technology Law Markets What you do yourself 4 types of privacy harms Fair information practices Conclusion

What is privacy

Ways to protect privacy

Technology

Law

Markets

What you do yourself

4 types of privacy harms

Fair information practices

Conclusion

I. What is Privacy? “ Privacy is the claim of individuals, groups or institutions to determine for themselves when, how, and to what extent information about them is communicated to others” Alan Westin: Privacy & Freedom,1967 Privacy is not an absolute We disclose, and we keep private

“ Privacy is the claim of individuals, groups or institutions to determine for themselves when, how, and to what extent information about them is communicated to others”

Alan Westin: Privacy & Freedom,1967

Privacy is not an absolute

We disclose, and we keep private

Privacy as a Process “ Each individual is continually engaged in a personal adjustment process in which he balances the desire for privacy with the desire for disclosure and communication….” - Alan Westin, 1967

“ Each individual is continually engaged in a personal adjustment process in which he balances the desire for privacy with the desire for disclosure and communication….”

- Alan Westin, 1967

Solitude individual separated from the group and freed from the observation of other persons Intimacy individual is part of a small unit Anonymity individual in public but still seeks and finds freedom from identification and surveillance Reserve the creation of a psychological barrier against unwanted intrusion - holding back communication Westin’s four states of privacy

Solitude

individual separated from the group and freed from the observation of other persons

Intimacy

individual is part of a small unit

Anonymity

individual in public but still seeks and finds freedom from identification and surveillance

Reserve

the creation of a psychological barrier against unwanted intrusion - holding back communication

II. Ways to Protect Privacy There are four basic ways to protect privacy: Technology Law Markets Your choices as an individual

There are four basic ways to protect privacy:

Technology

Law

Markets

Your choices as an individual

Example: Reducing Spam Unwanted e-mail can be an intrusion on your privacy and can reduce the usefulness of e-mail Technology: Spam filters Law: the CAN-SPAM Act Illegal to send commercial email with false headers You can unsubscribe from the sender Markets: you choose an email provider that does a good job of reducing spam Your choices: you decide not to open that e-mail with the unpleasant header

Unwanted e-mail can be an intrusion on your privacy and can reduce the usefulness of e-mail

Technology: Spam filters

Law: the CAN-SPAM Act

Illegal to send commercial email with false headers

You can unsubscribe from the sender

Markets: you choose an email provider that does a good job of reducing spam

Your choices: you decide not to open that e-mail with the unpleasant header

III. 4 Types of Privacy Harms We’ll look more closely at 4 categories of privacy harms: Intrusions Information collection Information processing Information dissemination

We’ll look more closely at 4 categories of privacy harms:

Intrusions

Information collection

Information processing

Information dissemination

Privacy Harms

Intrusions “ They” come into “your” space and contact you or tell you what to do Examples: Unwanted email (spam) Unwanted phone calls Technology: Caller ID to screen calls Law: National Do Not Call list Parents entering a teen’s room without knocking Government saying what you can or can’t do with your own body or property

“ They” come into “your” space and contact you or tell you what to do

Examples:

Unwanted email (spam)

Unwanted phone calls

Technology: Caller ID to screen calls

Law: National Do Not Call list

Parents entering a teen’s room without knocking

Government saying what you can or can’t do with your own body or property

Information Collection “ They” watch what you are doing, more than they should Surveillance & Interrogation Visual, such as peeping Toms Communications, such as wiretapping your phone or email Government, employers, or parents ask you “private” information Example of protections: with a warrant, the government can wiretap or search your house. Having to get a warrant is a protection, though, against too much information collection.

“ They” watch what you are doing, more than they should

Surveillance & Interrogation

Visual, such as peeping Toms

Communications, such as wiretapping your phone or email

Government, employers, or parents ask you “private” information

Example of protections: with a warrant, the government can wiretap or search your house. Having to get a warrant is a protection, though, against too much information collection.

Information Processing “ They” have a lot of data, and do things with it Identification: they learn about your “anonymous” actions Data mining: they learn patterns, to decide if you are a good customer or a suspected terrorist Exclusion: they decide you are not a good potential employee or customer, or go on the no-fly list at the airport Secondary use: they collect the data for one reason, but use it for others Note: Information processing can be helpful, when it “personalizes” and gives you better service. But it can invade your privacy when it goes too far or is used in ways that break the rules.

“ They” have a lot of data, and do things with it

Identification: they learn about your “anonymous” actions

Data mining: they learn patterns, to decide if you are a good customer or a suspected terrorist

Exclusion: they decide you are not a good potential employee or customer, or go on the no-fly list at the airport

Secondary use: they collect the data for one reason, but use it for others

Note: Information processing can be helpful, when it “personalizes” and gives you better service. But it can invade your privacy when it goes too far or is used in ways that break the rules.

Information Dissemination “ They” disclose data, perhaps more than “you” think they should Breach of confidentiality: a doctor or lawyer discloses more than you wish Transfer to third parties: a company or government shares data about you to persons you don’t expect Public disclosure of private facts: an intimate photo of you, or disclosure of intimate facts Disclosure of untrue facts: you are put in a false light Appropriation: they use your name or picture without your permission

“ They” disclose data, perhaps more than “you” think they should

Breach of confidentiality: a doctor or lawyer discloses more than you wish

Transfer to third parties: a company or government shares data about you to persons you don’t expect

Public disclosure of private facts: an intimate photo of you, or disclosure of intimate facts

Disclosure of untrue facts: you are put in a false light

Appropriation: they use your name or picture without your permission

Review: 4 Types of Privacy Harms

IV. Fair Information Practices We will examine five Fair Information Practices have been developed to protect against these sorts of privacy concerns The Federal Trade Commission principles: Notice/awareness Choice/consent Access/participation Integrity/security Enforcement/redress

We will examine five Fair Information Practices have been developed to protect against these sorts of privacy concerns

The Federal Trade Commission principles:

Notice/awareness

Choice/consent

Access/participation

Integrity/security

Enforcement/redress

Notice/Awareness Individuals need notice to make an informed choice about whether to provide information Who is collecting the data Uses for which the data will be used Who will receive the data The nature of the data and the means by which it is collected if not obvious The steps taken to preserve confidentiality, integrity, and quality of the data

Individuals need notice to make an informed choice about whether to provide information

Who is collecting the data

Uses for which the data will be used

Who will receive the data

The nature of the data and the means by which it is collected if not obvious

The steps taken to preserve confidentiality, integrity, and quality of the data

Choice/Consent Choice may apply to “secondary uses” – uses beyond the original reasons you provided your data Sometimes choice is “opt in” – they won’t share your data unless you say you want them to HIPAA medical privacy rule – don’t share your data unless you give consent Sometimes choice is “opt out” – they can share your data or contact you, but you can tell them not to Do Not Call list – no telemarketing if you sign up at www.donotcall.gov Many web sites will not share your data if you “opt out” (tell them not to share)

Choice may apply to “secondary uses” – uses beyond the original reasons you provided your data

Sometimes choice is “opt in” – they won’t share your data unless you say you want them to

HIPAA medical privacy rule – don’t share your data unless you give consent

Sometimes choice is “opt out” – they can share your data or contact you, but you can tell them not to

Do Not Call list – no telemarketing if you sign up at www.donotcall.gov

Many web sites will not share your data if you “opt out” (tell them not to share)

Access/Participation Individuals in some instances can access the data held about them, and correct any inaccuracies Fair Credit Reporting Act: no-fee credit report at www.annualcreditreport.com (some other sites advertise “free” reports that aren’t free) Privacy Act: right to see records held about you by the federal government

Individuals in some instances can access the data held about them, and correct any inaccuracies

Fair Credit Reporting Act: no-fee credit report at www.annualcreditreport.com (some other sites advertise “free” reports that aren’t free)

Privacy Act: right to see records held about you by the federal government

Integrity/Security Data should be secure and accurate Without security, can have good privacy policies but hackers gain entry Without accuracy, wrong decisions are made about individuals We should expect reasonable technical, physical, and administrative measures

Data should be secure and accurate

Without security, can have good privacy policies but hackers gain entry

Without accuracy, wrong decisions are made about individuals

We should expect reasonable technical, physical, and administrative measures

Enforcement/Redress There is great variety in the ways that privacy principles are enforced Increasingly, companies and government agencies have Privacy Professionals to comply with their privacy promises Companies can be fined if they break the promises in their privacy policies (Section 5 of the FTC Act) For some kinds of data (medical, financial, stored communications), there is additional enforcement by individuals or government agencies

There is great variety in the ways that privacy principles are enforced

Increasingly, companies and government agencies have Privacy Professionals to comply with their privacy promises

Companies can be fined if they break the promises in their privacy policies (Section 5 of the FTC Act)

For some kinds of data (medical, financial, stored communications), there is additional enforcement by individuals or government agencies

V. Conclusion Some themes from today: The link between privacy and freedom – a zone where “they” do not intrude upon “you” The challenges of protecting privacy in our emerging information society The need for the right mix of technology, laws, and markets

Some themes from today:

The link between privacy and freedom – a zone where “they” do not intrude upon “you”

The challenges of protecting privacy in our emerging information society

The need for the right mix of technology, laws, and markets

Finally: The emergence of privacy professionals A growing profession focused on managing privacy in the information economy We’re here To ensure protection of privacy while also Helping create the many ways you want information to be used in our information society Thank you for your attention

The emergence of privacy professionals

A growing profession focused on managing privacy in the information economy

We’re here

To ensure protection of privacy while also

Helping create the many ways you want information to be used in our information society

Thank you for your attention

Presentation written by: Professor Peter P. Swire Ohio State University Center for American Progress www.peterswire.net On behalf of the International Association of Privacy Professionals www.privacyassociation.org

Presentation written by:

Professor Peter P. Swire

Ohio State University

Center for American Progress

www.peterswire.net

On behalf of the

International Association of Privacy Professionals

www.privacyassociation.org

Creative Commons License This work is licensed under the Creative Commons Attribution 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/ or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California, 94105, USA. Any use of these materials requires attribution to the IAPP and Peter Swire.

This work is licensed under the Creative Commons Attribution 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/ or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California, 94105, USA. Any use of these materials requires attribution to the IAPP and Peter Swire.

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