Chapter 1: Intro to Privacy

Question 1

Privacy

Answer 1

Right to be let alone (Warren, Brandeis, Harvard) or desire to freely choose circumstances/degree to which individuals will expose their attitudes and behavior

Question 2

What are the four classes of privacy?

Answer 2

Information Privacy, Bodily Privacy, Territorial Privacy and Communications Privacy

Question 3

Information Privacy

Answer 3

Rules that govern collection and handling of personal info (financial, medical, gov records, etc.)

Question 4

Bodily Privacy

Answer 4

Focused on person’s physical being such as genetic or drug testing, body cavity searches, abortions, birth control, adoption, etc.

Question 5

Territorial Privacy

Answer 5

Limits intrusion on an individual’s environment. Not just home, can be workplace or public spaces. Video surveillance, ID checks, etc.

Question 6

Communications Privacy

Answer 6

Protects means of correspondence like mail, phone conversations, etc.

Question 7

Examples of Historical Privacy References

Answer 7

Laws of classical Greece, the Bible, Qur’an, England’s 1361 Justice of Peace Act, 1765 Lord Camden home privacy striking down warrant to enter home and seize paper, Amendments of the Constitution ratified in 1789.

Question 8

Which amendments of the Constitution reference privacy?

Answer 8

1) 3rd Amendment - Banning quartering of soldiers in a person’s home
2) 4th Amendment - Requiring a search warrant
3) 5th Amendment - Prohibiting persons from being compelled to testify against themselves
4) 14th Amendment - Requirement of due process under the law, includes intrusions into person’s body autonomy

Question 9

Other examples of Privacy Origins

Answer 9

1) CA Constitution, Article 1, Section 1 - Contains explicit guarantee of privacy (added as ballot measure in 1974)
2) Universal Declaration of Human Rights - Adopted by General Assembly of the UN in 1948. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence.
3) European Convention - Set forth by Council of Europe in 1950 for the Protection of Human Right and Fundamental Freedoms. Article 8 “everyone has the right to respect for his private family life, his home and his correspondence”.

Question 10

Fair Information Practices (FIPs) or Fair Information Privacy Practices (FIPPs)

Answer 10

Means of organizing multiple individual rights and organization responsibilities with respect to personal information. Guidelines for handling, storing and managing data with privacy, security and fairness.

Question 11

Important Codification for FIPs

Answer 11

1) 1973 - US Dept. of Health, Education and Welfare Information Practice Principles
2) 1980 - Organisation for Economic Co-Operation (OECD) Guidelines on Protection of Privacy and Transborder Flows of Personal Data (“OECD Guidelines)”
3) 1981 - Council of Europe Convention for the Protection of Individuals with Regard to the Automatic Processing of Personal Data (“Convention 108”)
4) 2004 - Asia-Pacific Economic Cooperation (APEC) which agreed to a Privacy Framework
5) 2009 - Madrid Resolution - International Standards on the Protection of Personal Data and Privacy

Question 12

Categories of FIPs

Answer 12

1) Rights of Individuals
2) Controls of the Information
3) Information Life Cycle
4) Management

Question 13

FIPs Right of Individuals Includes

Answer 13

1) Notice
2) Choice and Consent
3) Data Subject Access

Question 14

FIPs Definition - Notice

Answer 14

Notice of privacy policies and procedures and identify purpose for collection, use, retention and disclosure of personal info

Question 15

FIPs Definition - Choice and Consent

Answer 15

Describe choices available and should get explicit consent for collection, use, retention and disclosure

Question 16

FIPs Definition - Data Subject Access

Answer 16

Provide access to individual’s personal info for review and update

Question 17

FIPs Control of Information Includes

Answer 17

1) Information Security

2) Information Quality

Question 18

FIPs Definition - Information Security

Answer 18

Use reasonable administrative, technical and physical safeguards to protect personal info against unauthorized access, use, disclosure, modification or destruction.

Question 19

FIPs Definition - Information Quality

Answer 19

Maintain accurate, complete and relevant personal information and only for purposes identified in the notice

Question 20

FIPs Information Life Cycle Includes

Answer 20

1) Collection
2) Use and Retention
3) Disclosure

Question 21

FIPs Definition - Collection

Answer 21

Collect personal info only for purposes of the notice

Question 22

FIPs Definition - Use and Retention

Answer 22

Limit use of personal info to purposes identified in notice and for which individual has provided implicit or explicit consent. Retain only as long as necessary to fulfill stated purposes.

Question 23

FIPs Definition - Disclosure

Answer 23

Only disclose info to third parties for the purpose identified in the notice with implicit or explicit consent.

Question 24

FIPs Management Includes

Answer 24

1) Management and Administration

2) Monitoring and Enforcement

Question 25

FIPs Definition - Management and Administration

Answer 25

Define, document, communicate and assign accountability for privacy policies and procedures

Question 26

FIPs Definition - Monitoring and Enforcement

Answer 26

Monitor compliance with privacy policies and procedures and have processes to address complaints and disputes