Intro to Privacy Flashcards
How did “The Right to Privacy” publication define privacy?
The right to be let alone.
What are the 4 categories of classes of privacy?
(1) information privacy – collection and handling of PI (e.g. medical, financial, gov’t records, activities on internet);
(2) bodily privacy – focused on the physical invasion of privacy (e.g. genetic testing, drug testing, or body cavity searches;
(3) territorial privacy – placing limits on the ability to intrude in one’s environment (e.g. video surveillance, monitoring in the workplace); and
(4) Communication privacy – protecting information in means of communications (e.g. mail, telephone, correspondence).
Justice of the Peace Act of 1361
Included provisions to arrest individuals of “peeping Toms” and “eavesdroppers”
Does the word privacy appear anywhere in the Constitution?
No.
Are there any provisions in the Constitution that relate to privacy? Name them.
Yes: 3rd Amend., 4th Amen., 5th Amend., and 14th Amend.
What state was the 1st to guarantee the right of privacy?
California
What does FIPs stand for?
Fair Information Practices
What are the 4 categories of FIPs?
(1) rights of individuals;
(2) controls of information;
(3) information lifecycle; and
(4) management.
Rights of Individuals under FIPs
notice, choice, and consent, access
Controls on Information under FIPs
Information security (administrative, technical and physical safeguards), and information quality (accuracy and completeness of PI)
Information Lifecycle under FIPs
collection, retention, use, disclosure
Management under FIPs
- monitoring compliance of privacy policy and procedures
- administration and enforcement of communicating privacy policy, assigning accountability of privacy policy and procedures
What does OECD stand for ?
Organization for Economic Co-operation Development
What is the OECD?
An international organization that is a widely recognized framework for FIPs. OECD has been endorsed by the FTC.
OCED privacy framework provides:
(1) collection limitations
(2) data quality
(3) purpose specification
(4) use and limitations
(5) security safeguards
(6) openness/flexibility
(7) individual rights/participation
(8) accountability
What does APEC stand for?
Asia-Pacific Economic Cooperation
What is APEC?
Framework designed to provide support to members of the organization economic legislation that would protect both the individual interests and maintain economic development to all APEC member economies.
If data elements that are used to identify an individual are removed, do data protection laws apply?
No–the information is now non-personal information
Does the Privacy Act of 1974 consider IP addresses as personal information under the statute?
No
In connection with healthcare information, does the FTC consider IP addresses as PI?
Yes
The components of self-regulation inclue:
(1) legislation; (2) enforcement; and (3) adjudication
What privacy framework/model was the U.S. use?
Sectoral
Co-regulation model
Emphasizes on industry development of enforceable codes or standards for privacy and data protection
What is an example of a U.S. law that is a co-regulatory model?
COPPA
Self-regulatory model
Creation of codes of practice of personal information by a company, industry or independent body
What is an example of a U.S. law that is self-regulatory?
PCI-DSS
