Ethics(Quiz_3)

Question 1

is defined by Oxford as, the state or condition of being free from being observed or disturbed by other people, or the state of being free from public attention.

Answer 1

Privacy

Question 2

Merriam-Webster defines it as the quality or state of being apart from company or observation and freedom from unauthorized intrusion.

Answer 2

Privacy

Question 3

is a fundamental human right recognized in the UN Declaration of Human Rights, the International Covenant on Civil and Political Rights and in many other international and regional treaties.

Answer 3

Privacy

Question 4

underpins human dignity and other key values such as freedom of association and freedom of speech. It has become one of the most important human rights issues of the modern age.

Answer 4

Privacy

Question 5

[T/F] Nearly every country in the world recognizes a right of privacy explicitly in their Constitution.

Answer 5

True

Question 6

Major reasons for the movement towards comprehensive privacy and data protection laws include:

Answer 6

• to remedy past injustices
• to promote electronic commerce

Question 7

there are a number of important trends that contribute to privacy invasion :

Answer 7

Globalization - removes geographical limitations to the flow of data. The development of the Internet is perhaps the best known example of a global technology.

Convergence - is leading to the elimination of technological barriers between systems. Modern information systems are increasingly interoperable with other systems, and can mutually exchange and process different forms of data.

Multimedia - fuses many forms of transmission and expression of data and images so that information gathered in a certain form can be easily translated into other forms.

Question 8

trends that contribute to privacy invasion | removes geographical limitations to the flow of data. The development of the Internet is perhaps the best known example of a global technology.

Answer 8

Globalization

Question 9

trends that contribute to privacy invasion | is leading to the elimination of technological barriers between systems. Modern information systems are increasingly interoperable with other systems, and can mutually exchange and process different forms of data.

Answer 9

Convergence

Question 10

trends that contribute to privacy invasion | fuses many forms of transmission and expression of data and images so that information gathered in a certain form can be easily translated into other forms.

Answer 10

Multimedia

Question 11

Involves the establishment of rules governing the collection and handling of personal data such as credit information and medical records;

Answer 11

Information Privacy

Question 12

Concerns the protection of people’s physical selves against invasive procedures such as drug testing and cavity searches

Answer 12

Bodily privacy

Question 13

Covers the security and privacy of mail, telephones, email and other forms of communication

Answer 13

Privacy of communications

Question 14

Concerns the setting of limits on intrusion into the domestic and other environments such as the workplace or public space.

Answer 14

Territorial privacy

Question 15

_____ is frequently seen as a way of drawing the line at how far society can intrude into a person’s affairs. It can be divided into the following facets :

Information Privacy
Bodily privacy
Privacy of communications
Territorial privacy

Answer 15

privacy protection

Question 16

privacy protection can be divided into the following facets :

Answer 16

Information Privacy
Bodily privacy
Privacy of communications
Territorial privacy

Question 17

[T/F] The lack of a single definition of privacy/privacy protection should not imply that the issue lacks importance.

Answer 17

True

Question 18

The Technologies of Privacy Invasion

Answer 18

Identity Systems
- Identity Cards - linked to national registration systems
- Biometrics - process of collecting, processing and storing details of a personís physical characteristics for the purpose of identification and authentication

Surveillance of Communications -
- Internet and email interception
- National Security

Video Surveillance - prevalence of the use of CCTV

Workplace Surveillance - tracking employees movement

Question 19

Privacy and Anonimity Issues

Answer 19

• Data Breaches
• Electronic Discovery
• Consumer Profiling
• Consumer Profiling
• Advanced Surveillance Technology
  
  • Camera Surveillance
  • Vehicle Event Data Recorders
  • Stalking Apps

Question 20

An alarming number of identity theft incidents can be traced back to this, involving large databases of personal information. ____ are sometimes caused by hackers breaking into a database, but more often than one might suspect, they are caused by carelessness or failure to follow proper security procedures.

Answer 20

Data Breaches

Question 21

Organizations are reluctant to announce data breaches due to the ensuing bad publicity and potential for lawsuits by angry customers. However, victims whose personal data was compromised during a data breach need to be informed so that they can take protective measures.

Question 22

The cost to an organization that suffers a data breach can be quite high—by some estimates nearly ____

Answer 22

$200 for each record lost.

Nearly half the cost is typically a result of lost business opportunity associated with the customers whose patronage has been lost due to the incident.

Other costs include public-relations-related costs to manage the firm’s reputation, and increased customer-support costs for information hotlines and credit monitoring services for victims.

Question 23

is the collection, preparation, review, and production of electronically stored information for use in criminal and civil actions and proceedings.

Answer 23

Electronic Discovery (E-Discovery)

Question 24

____ helps analyze, organize, and review large volumes of ESI efficiently. Ethical issues arise, such as whether to conceal evidence or bury incriminating data in trivial information

Answer 24

E-discovery software

Question 25

includes any form of digital information, including emails, drawings, graphs, Web pages, photographs, word-processing files, sound recordings, and databases stored on any form of electronic storage device, including hard drives, CDs, and flash drives.

Answer 25

Electronically stored information (ESI)

Question 26

of companies offer e-discovery software that provides the ability to do the following:

Answer 26

• Analyze large volumes of ESI quickly to perform early case assessments
• Simplify and streamline data collection from across all relevant data sources in multiple data formats
• Cull large amounts of ESI to reduce the number of documents that must be processed and reviewed
• Identify all participants in an investigation to determine who knew what and when

Question 27

Discovery is part of the pretrial phase of a lawsuit in which each party can obtain evidence from the other party by various means. The purpose of discovery is to ensure that all parties will go to trial with as much knowledge as possible.

[T/F] Under the rules of discovery, neither party is able to keep secrets from the other. Should a discovery request be objected to, the requesting party may file a motion to compel discovery with the court

Answer 27

True

Question 28

E-discovery raises many ethical issues:

Answer 28

Should an organization ever attempt to destroy or conceal incriminating evidence that could otherwise be revealed during discovery?

To what degree must an organization be proactive and thorough in providing evidence sought through the discovery process?

Should an organization attempt to bury incriminating evidence in a mountain of trivial, routine ESI?

Question 29

Companies collect personal information through website registrations, surveys, forms, contests, cookies, and tracking software, which analyze browsing habits to identify users and deduce interests. This data enables personalized marketing but raises privacy concerns.

Answer 29

Consumer Profiling

Question 30

[T/F]
Cookies and tracking software are controversial as they collect consumer data without explicit consent, enabling tailored ads and tracking browsing history to suggest relevant promotions. (knows what ads have been viewed, tracks sites you visit)

Answer 30

True

Question 31

[T/F] Opponents of consumer profiling are also concerned that personal data is being gathered and sold to other companies without the permission of consumers who provide the data. After the data has been collected, consumers have no way of knowing how it is used or who is using it.

Answer 31

True

Question 32

Employers monitor employees to curb productivity losses from non-work-related activities. 60 to 80 percent of workers’ time online has nothing to do with work.

Monitoring includes recording and reviewing employee communications and activities on the job, including phone calls, email, and Web surfing. Some are even videotaping employees on the job.

While legal, such practices are seen as intrusive. Some companies also conduct drug and psychological tests to ensure compliance with workplace policies.

Answer 32

Workplace Monitoring

Question 33

Technological advances such as surveillance cameras and satellite-based systems that can pinpoint a person’s physical location—provide amazing new data-gathering capabilities.

However, these advances can also diminish individual privacy and complicate the issue of how much information should be captured about people’s private lives

Answer 33

Advanced Surveillance Technology

Question 34

Examples of Advanced Surveillance Technology

Answer 34

Camera Surveillance
Vehicle Event Data Recorders
Stalking Apps

Question 35

Used to deter crime and terrorism, but critics argue it infringes on civil liberties. Supporters highlight its role in solving crimes.

Answer 35

Camera Surveillance

Question 36

is a device that records vehicle and occupant data for a few seconds before, during, and after any vehicle crash that is severe enough to deploy the vehicle’s air bags.

record information about vehicle speed and acceleration; seat belt usage; air bag deployment; activation of any automatic collision notification system, and driver inputs such as brake, accelerator, and turn signal usage

cannot capture any data that could identify the driver of the vehicle. Nor can it tell if the driver was operating the vehicle under the influence of drugs or alcohol.

The fact that most cars now come equipped with an EDR and that the data from this device may be used as evidence in a court of law is not broadly known by the public. The future capabilities of EDRs and the extent of use of their data in court proceedings remains to be seen.

Answer 36

Vehicle Event Data Recorders (EDRs)

Question 37

Spy apps enable tracking and data collection from phones, often used maliciously. While legal to sell, using such apps without consent is illegal, though enforcement remains a challenge.

Answer 37

Stalking Apps

Question 38

can be loaded onto someone’s cell phone, making it possible for the user to perform location tracking, record calls, view every text message or picture sent or received, and record the URLs of any Web site visited on the phone.

A built-in microphone can be activated remotely to use as a listening device even when the phone is turned off. All information gathered from such apps can be sent to the user’s email account to be accessed live or at a later time.

Answer 38

Stalking Apps

Question 39

[T/F] There is no law that prohibits a business from making an app whose primary purpose is to help one person track another, and anyone can purchase this software over the Internet.

However, it is illegal to install the software on a phone without the permission of the phone owner.

It is also illegal to listen to someone’s phone calls without their knowledge and permission.

However, these legal technicalities are not a deterrent for a determined stalker.

Answer 39

True

Question 40

is a fundamental human right

Answer 40

Privacy

Question 41

It is central to the protection of human dignity and forms the basis of any democratic society. It also supports and reinforces other rights, such as freedom of expression, information and association.

Answer 41

Privacy

Question 42

[T/F] Activities that restrict the right to privacy, such as surveillance and censorship, can only be justified when they are prescribed by law, necessary to achieve a legitimate aim, and proportionate to the aim pursued.

Answer 42

True

Question 43

[T/F] According to the Philippine Constitution, one of the fundamental policies of the State is to put premium on the dignity of every person and guarantee full respect for their human rights.

The 1987 Constitution of the Philippines protects against unreasonable searches and seizures, and renders inviolable the privacy of their communication and correspondence.

Answer 43

True

Question 44

The 1987 Philippine Constitution mentions privacy once, ensuring the inviolability of communication and correspondence, except under lawful court orders or when public safety or order requires it. Evidence obtained in violation of this is inadmissible (Art. III, Sec. 3).

Exceptions to Privacy:
Lawful Court Order:
Privacy can be breached if a judge issues a search warrant based on probable cause, as outlined in Art. III, Sec. 2.

Public Safety or Order:
Public safety takes precedence over individual privacy in situations like security checks at public transport stations (e.g., LRT/MRT) or airports, where rights are temporarily surrendered for the general welfare.

Express Legal Provisions:
Certain laws explicitly mandate privacy surrender, such as the Anti-Money Laundering Law, which requires banks to report transactions over ₱300,000 to authorities.

Question 45

The Supreme Court evaluates the legitimacy of policies by determining:

Answer 45

• Whether the policy has a reasonable purpose or rational basis.
• If the policy is reasonably related to achieving its legitimate purpose.

Question 46

Reasonable Expectation of Privacy
R.A. 4200 (Anti-Wiretapping Act) allows limited invasion of privacy under strict conditions.

Answer 46

Sec. 1: Unauthorized recording or interception of private communication is illegal.
Sec. 4: Evidence obtained through illegal wiretapping is inadmissible in legal or administrative proceedings.

Question 47

Areas of Concern in the Philippines

Communications Surveillance:

Risks: Lack of oversight and increased surveillance capacities by authorities threaten privacy and could lead to human rights violations.

Interception of Communication
- Anti-Wiretapping Law of 1965 (Republic Act No. 4200)
- Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995)
- Cybercrime Prevention Act of 2012 (Republic Act No. 10175)
- Human Security Act of 2007 (Republic Act No. 9372)
No implementation of oversight and accountability mechanism for the police

Regulations of Cybercrime Prevention Act
- Section 12 (Real-Time Collection of Traffic Data) of the Cybercrime Prevention Act was stricken down as unconstitutional by the Supreme Court.

Data retention
- The regime of data retention is outlined in the Implementing Rules and Regulations of the Electronic Commerce Act (2000). The act is intended to provide for the “recognition and use of electronic commercial and non-commercial transactions and documents, penalties for unlawful use thereof and for other purposes”.

• Section 20 of its Implementing Rules and Regulations outlines appropriate forms of data retention and the mandate of “relevant government agencies” to impose regulations on data retention.

II. Data Protection

• Massive Breach of the Government’s Electoral Commission
• Bills seeking to establish a National ID System

Answer 47

Communications Surveillance:

Risks: Lack of oversight and increased surveillance capacities by authorities threaten privacy and could lead to human rights violations.

Laws Involved:

• Anti-Wiretapping Law (1965): Prohibits unauthorized communication interception.
• Anti-Photo and Video Voyeurism Act (2009): Protects individuals from non-consensual photo or video recording.
• Cybercrime Prevention Act (2012): Addresses cybercrimes but includes controversial provisions like Section 12, declared unconstitutional due to real-time traffic data collection.
• Human Security Act (2007): Covers terrorism-related surveillance but lacks accountability mechanisms.

Data Retention: Outlined in the Electronic Commerce Act (2000), regulating how long data is kept and mandating relevant agencies to enforce these rules.

Data Protection:

Major Issues:
- A significant breach of the government’s Electoral Commission exposed sensitive information.
- Proposed bills aim to establish a National ID System, raising concerns about privacy and data security.

Question 48

The Data Privacy Act (R.A. 10173): Key Points for Reviewers

Purpose:

Answer 48

(1) protects the privacy of individuals while ensuring free flow of information to promote innovation and growth;
(2) regulates the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of personal data; and
(3) ensures that the Philippines complies with international standards set for data protection through National Privacy Commission (NPC)

Question 49

“The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected,” section 2 the law declares.

Question 50

is this a violation? If a company, for instance, passes on personal information, to another company without the customer’s consent

Answer 50

, the first company is already violating the Data Privacy Law. Under Section 11

Question 51

data privacy law, personal information must, be:

Answer 51

1. Collected for specified and legitimate purposes determined and declared before, or as soon as reasonably practicable after collection, and later processed in a way compatible with such declared, specified and legitimate purposes only;
2. Processed fairly and lawfully;
3. Accurate, relevant and, where necessary for purposes for which it is to be used the processing of personal information, kept up to date; inaccurate or incomplete data must be rectified, supplemented, destroyed or their further processing restricted;
4. Adequate and not excessive in relation to the purposes for which they are collected and processed;
5. Retained only for as long as necessary for the fulfillment of the purposes for which the date was obtained or for the establishment, exercise or defense of legal claims, or legitimate business, or as provided by law; and
6. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected and processed: Provided, that personal information collected for other purposes may lie processed for historical, statistical or scientific purposes, and in cases laid down in law may be stored for longer periods: Provided, further, That adequate safeguards are guaranteed by said laws authorizing their processing.