Introduction to Privacy Flashcards

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1
Q

In the US and other countries, laws about the protection of information about individuals is known as what?

A
  • Privacy law
  • Data privacy law
  • Information privacy law
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2
Q

In the EU and other countries, laws about the protection of information about individuals is known as what?

A

Data protection law

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3
Q

How did Samuel Warren and Louis Brandeis define privacy in their 1890 Harvard Law Review article, “The Right to Privacy”?

A

The right to be let alone

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4
Q

What is information privacy concerned with?

A

Establishing rules that govern the collection and handling of personal information

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5
Q

What are some examples of data covered under information privacy?

A
  • Financial information
  • Medical information
  • Government records
  • Internet activity records
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6
Q

What is bodily privacy concerned with?

A

A person’s physical being and any invasion thereof

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7
Q

What are some examples of data covered under bodily privacy?

A
  • Genetic testing
  • Drug testing
  • Body cavity searches
  • Birth control
  • Abortion
  • Adoption
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8
Q

What is territorial privacy concerned with?

A

Placing limits on the ability to intrude into another individual’s environment

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9
Q

What are some examples of data covered under territorial privacy?

A
  • Video surveillance

* ID checks

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10
Q

What is communications privacy concerned with?

A

Protection of the means of correspondence

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11
Q

What are some examples of data covered under communications privacy?

A
  • Postal mail

* Telephone conversations Email

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12
Q

What English Act called for the arrest of “peeping Toms” and eavesdroppers?

A

The Justices of the Peace Act of 1361

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13
Q

Which US Constitutional Amendments indirectly address privacy?

A
  • The Third Amendment bans quartering of soldiers in a person’s home.
  • The Fourth Amendment requires a search warrant before the police can enter a home or business.
  • The Fourteenth Amendment requires due process under the law, including for intrusions into a person’s bodily autonomy.
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14
Q

In what year did the California add an explicit “right to privacy” guarantee to the California Constitution?

A

1974

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15
Q

In what year did the General Assembly of the United Nations adopt and proclaim the Universal Declaration of Human Rights, which formally announced that “no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence”?

A

1948

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16
Q

What type of practices have been a significant means for organizing the multiple individual rights and organizational responsibilities that exist with respect to personal information?

A
  • Fair Information Practices (FIPs)

* Sometimes called fair information privacy practices or principles (FIPPs)

17
Q

What are 5 examples of codifications of Fair Information Practices (FIPs)?

A
  • The 1973 U.S. Department of Health, Education and Welfare Fair Information Practice Principles
  • The 1980 Organisation for Economic Co-operation and Development (OECD) Guidelines on the Protection of Privacy and Transborder Flows of Personal Data (“OECD Guidelines”)
  • The 1981 Council of Europe Convention for the Protection of Individuals with Regard to the Automatic Processing of Personal Data (“Convention 108”)
  • The Asia-Pacific Economic Cooperation (APEC), which in 2004 agreed to a Privacy Framework
  • The 2009 Madrid Resolution—International Standards on the Protection of Personal Data and Privacy
18
Q

What is a Fair Information Practices (FIP)?

A

FIPs are guidelines for handling, storing and managing data with privacy, security and fairness in an information society that is rapidly evolving.

19
Q

What are the four categories of Fair Information Practices (FIP)?

A
  • Rights of individuals
  • Controls on the information
  • Information life cycle and management
20
Q

With regard to the rights of individuals, what should organizations address?

A
  • Notice
  • Choice and consent
  • Data subject access
21
Q

When it comes to the rights of individuals, what kinds of notice should organizations provide?

A

Organizations should provide notice about their privacy policies and procedures and should identify the purpose for which personal information is collected, used, retained and disclosed.

22
Q

When it comes to the rights of individuals, what should organizations do with respect to choice and consent?

A

Organizations should describe the choices available to individuals and should get implicit or explicit consent with respect to the collection, use, retention and disclosure of personal information.

23
Q

When it comes to the rights of individuals, which is consent especially important>

A

Consent is often considered especially important for disclosures of personal information to other data controllers.

24
Q

When it comes to the rights of individuals, what should organizations do with respect to data subject access?

A

Organizations should provide individuals with access to their personal information for review and update.

25
Q

Regarding controls on the information, what should organizations focus on?

A
  • Information security

* Information quality

26
Q

Regarding controls on the information, what should organizations do with respect to information security?

A

Organizations should use reasonable administrative, technical and physical safeguards to protect personal information against unauthorized access, use, disclosure, modification and destruction.

27
Q

Regarding controls on the information, what should organizations do with respect to information quality?

A

Organizations should maintain accurate, complete and relevant personal information for the purposes identified in the notice.

28
Q

Organizations should address the life cycle of information, including what elements?

A

Collection
Use and retention
Disclosure.