Intro to Privacy

Question 1

How did “The Right to Privacy” publication define privacy?

Answer 1

The right to be let alone.

Question 2

What are the 4 categories of classes of privacy?

Answer 2

(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).

Question 3

Justice of the Peace Act of 1361

Answer 3

Included provisions to arrest individuals of “peeping Toms” and “eavesdroppers”

Question 4

Does the word privacy appear anywhere in the Constitution?

Answer 4

No.

Question 5

Are there any provisions in the Constitution that relate to privacy? Name them.

Answer 5

Yes: 3rd Amend., 4th Amen., 5th Amend., and 14th Amend.

Question 6

What state was the 1st to guarantee the right of privacy?

Answer 6

California

Question 7

What does FIPs stand for?

Answer 7

Fair Information Practices

Question 8

What are the 4 categories of FIPs?

Answer 8

(1) rights of individuals;
(2) controls of information;
(3) information lifecycle; and
(4) management.

Question 9

Rights of Individuals under FIPs

Answer 9

notice, choice, and consent, access

Question 10

Controls on Information under FIPs

Answer 10

Information security (administrative, technical and physical safeguards), and information quality (accuracy and completeness of PI)

Question 11

Information Lifecycle under FIPs

Answer 11

collection, retention, use, disclosure

Question 12

Management under FIPs

Answer 12

• monitoring compliance of privacy policy and procedures
• administration and enforcement of communicating privacy policy, assigning accountability of privacy policy and procedures

Question 13

What does OECD stand for ?

Answer 13

Organization for Economic Co-operation Development

Question 14

What is the OECD?

Answer 14

An international organization that is a widely recognized framework for FIPs. OECD has been endorsed by the FTC.

Question 15

OCED privacy framework provides:

Answer 15

(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

Question 16

What does APEC stand for?

Answer 16

Asia-Pacific Economic Cooperation

Question 17

What is APEC?

Answer 17

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.

Question 18

If data elements that are used to identify an individual are removed, do data protection laws apply?

Answer 18

No–the information is now non-personal information

Question 19

Does the Privacy Act of 1974 consider IP addresses as personal information under the statute?

Answer 19

No

Question 20

In connection with healthcare information, does the FTC consider IP addresses as PI?

Answer 20

Yes

Question 21

The components of self-regulation inclue:

Answer 21

(1) legislation; (2) enforcement; and (3) adjudication

Question 22

What privacy framework/model was the U.S. use?

Answer 22

Sectoral

Question 23

Co-regulation model

Answer 23

Emphasizes on industry development of enforceable codes or standards for privacy and data protection

Question 24

What is an example of a U.S. law that is a co-regulatory model?

Answer 24

COPPA

Question 25

Self-regulatory model

Answer 25

Creation of codes of practice of personal information by a company, industry or independent body

Question 26

What is an example of a U.S. law that is self-regulatory?

Answer 26

PCI-DSS