Chapter 1 - Intro to Privacy Flashcards
_____ privacy is concerned with rules that govern the collection and handling of personal information.
Examples included financial info, medical info, government records and records of a person’s internet activities
Information Privacy
_____ privacy is focused on a personals physical being and an invasion thereof. Invasions can take the form of genetic testing, drug testing, or body cavity searches. This also encompasses issues such as birth control, abortion and adoption.
Bodily Privacy
_____ privacy is concerned with the ability to intrude into another individual’s environment. “Environment” isnt limited to home; it includes workplace or public space. Intrusions typically take the form of monitoring (i.e., video surveillance, ID checks and the like)
Territorial Privacy
_____ privacy encompasses the means of correspondence, including postal mail, phone convos, email and other forms of communication
Communication Privacy
What are FIPs/FIPPs?
- FIP - Fair Information Practices/FIPP - Fair Information Privacy Practices (or Principles)
- FIPS are guidelines for handling, storing and managing data with privacy, security and fairness in an information society that is rapidly evolving.
Examples include:
OECD Guidelines
Convention 108
APEC
What are the 4 main categories of FIPs?
1- rights of individuals
2- controls on the information
3- information lifecycle
4- management
Re: “(FIP) Rights of Individuals”, organizations should address what 3 areas?
1-Notice
2- Choice and Consent
3- Data Subject Access
(FIP) Rights of Individuals - Re: NOTICE, orgs should….
provide notice about their privacy policies and procedures and should identify the purpose for which personal information is collected, used, retained and disclosed.
(FIP) “Rights of Individuals” - Re: CHOICE AND CONSENT orgs should….
describe the che choices available to individuals and should get implicit/explicit consent with respect to the collection, use, retention and disclosure of personal information. Consent is especially important for disclosures of personal info to other data controllers.
(FIP) “Rights of Individuals” - Re: DATA SUBJECT ACCESS, orgs should….
provide individuals with access to their personal info for review and update.
Re: (FIP) “Controls on the Information”, organizations should address what 2 areas?
1- Information Security
2- Information Quality
(FIP) “Controls on the Information” - Re: INFORMATION SECURITY, orgs should…
use reasonable administrative, technical and physical safeguards to protect personal info against unauthorized access, use, disclosure, modification and destruction.
(FIP) “Controls on the Information” - Re: INFORMATION QUALITY, orgs should…
maintain accurate, complete and relevant personal info for the purposes identified in the notice
Re: (FIP) “Information Lifecycle”, organizations should address what 3 areas?
1- Collection
2- Use and Retention
3- Disclosure
(FIP) “Information Lifecycle” - Re: COLLECTION, orgs should…
collect personal information only for the purposes identified in the notice
(FIP) “Information Lifecycle” - Re: USE AND RETENTION, orgs should…
limit the use of personal info for the purposes identified in the notice and for which the individual has provided implicit or explicit consent; orgs should also retain personal info for only as long as necessary to fulfill the state purpose
(FIP) “Information Lifecycle” - Re: DISCLOSURE, orgs should…
disclose personal info to 3rd parties only for the purposes identified in the notice and with the implicit/explicit consent of the individual
Re: (FIP) “Management”, organizations should address what 2 areas?
1- Management and Administration
2- Monitoring and Enforcement
(FIP) “Information Lifecycle” - Re: MANAGEMENT AND ADMINISTRATION, orgs should…
define, document, communicate and assign accountability for their privacy policies and procedures
(FIP) “Information Lifecycle” - Re: MONITORING AND ENFORCEMENT, orgs should…
monitor compliance with their privacy policies and procedures and have procedures to address privacy-related complaints and disputes
5 Key Principles in US Health, Education and Welfare FIPs
1 - There must be no personal data record-keeping systems whose very existence is secret
2- There must be a way for a person to find out what info about them is in a record and how it is used
3- There must be a way for a person to prevent info about them that was obtained for one purpose from being used or made available for other purposes w/o the person’s consent
4- There must be a way for a person to correct or amend a record of identifiable info about the person
5 - Any org creating, maintaining, using or disseminating records of identifiable personal data must assure the reliability of the data for its intended use and must take precautions to prevent misuse of the data
The most widely recognized framework for FIPs and have been endorsed by the US FTC and many other government organizations
OECD Guidelines (updated in 2013)
OECD - Collection Limitation Prinicple
There should be limits to the collection of personal data and any such data should be obtained by lawful and fair means and where appropriate, with the knowledge or consent of the data subject
OECD - Quality Principle
Personal data should be relevant to the purposes for which they are to be used, and as needed for those purposes, should be accurate, complete and kept up-to-date