Midterm Flashcards
What are the legal principles at work in Sidis v. FR Publishing
If the strict standards of the warren Brandeis article were followed, Sidis’s right of privacy was violated because he is not a politician, public administrator, or statesman. His personal details were the sort Warren believed all men alike are entitled to keep from popular curiosity.
However, here the court held that the public interest in obtaining information becomes dominant over the individual’s desire for privacy. The Sidis court would permit limited scrutiny of the private life of any person who has achieved or has had thrust upon him the questionable indefinable status of public figure
Sidis was once a public figure, his subsequent history was a matter of public concern which the article in the New Yorker took on to show the article possessed considerable popular news interest.
Newsworthiness of the matter printed may or may not always constitute a complete defense, as revelations may be so intimate and so unwarranted in view of the victim’s position as to outrage the community’s notion of decency.
When focused upon public characters, truthful comments upon dress, speech, habits, and the ordinary aspects of personality will usually not transgress the line
right of privacy was not invaded by the article. personal ill will is not an ingredient of the offence, any more than in an ordinary case of trespass to person or to property
What are the remedies for invasion of privacy according to the Brandies Article?
A cause of action in tort of privacy. Invasion of privacy constitutes a legal injury and the elements for demanding redress
Tort damages, even without special damages, including compensatory damage for injury to feelings. Also injunction in limited class of cases
What is the invasion of privacy under the Brandies Article?
the right of one who has remained a private individual, to prevent his public portraiture, presents the simplest case for such an extension of an action in tort
the right to protect one’s self from pen portraiture, from a discussion by the press of one’s private affairs, would be more important and far reaching.
If casual and unimportant statements are made in a letter, if possessions of all sorts are protected not only against reproduction, but against description and enumeration, how much more should the acts and sayings of a man in his social and domestic relations be guarded from ruthless publicity
What does the law of privacy under the Brandeis article not prevent?
The right of privacy does not prevent the publication of matter which is of public or general interest. The general object in view is to protect the privacy of private life, and to whatever degrees and in whatever connection an man’s life has ceased to be priate, before the publication under consideration has been made, to that extent the protection is to be withdrawn.
In general, the matters of which the publication should be repressed. may be described as those which concern the private life, habits, acts, and relations of an individual, and have no legitimate connection with his fitness for public office which he seeks or for which he is suggested, and have no legitimate relation to or bearing upon any act done by him in a public or quasi public capacity
Are there instances where information which is private in nature could be published without violating the right of privacy?
Yes, when information is in its nature private, it is not a violation of the right of privacy, and therefore not prohibited communication, when a publication of the information is made as a privileged communication as defined by slander and libel law.
This means publication by a court of justice, legislative bodies, or committees of those bodies, other assemblies, or practically any communication made in any public body for almost every purpose of benevolence, businesss, or other general intent, and reports of any such proceedings are privileged and therefore not a violation of the right of privacy.
Is oral publication of information redressable under brandies invasion of privacy?
The right of privacy is not invaded by any oral publication unless there are special damages, similar to the law of slander and libel.
Is there a way an individual can waive the right of privacy?
Yes, the publication of facts by an individual or with consent ceases the right to privacy. Private communication of circulation for a restricted purpose is not a publication within the meaning of the law.
What is the definition of privacy?
The right to define privacy for the self, to say this is mine to share or not to share. the right to define boundaries
What is Defamation
false statement about someone which harms one’s reputation
What is False light
publication of information which portrays a plaintiff in a false or misleading light which is highly offensive or embarrassing to a reasonable person and the publication was made with reckless disregard for offensiveness
What is the Autonomy Trap
This is the organization of information privacy through individual control of personal data rests on a view of autonomy as a given, preexisting quality. An individual appears to be exercising control over information, but is not.
art of clicking through a consent screen on a web site may be considered by some observers to be an exercise of self reliant choice, yet this screen can contain boilerplate langauge that permits all further processing and transmission of one’s personal data
What is data seclusion deception?
a deceptive tagline from a company implying that people control their data, but they don’t actually
unless an individual wishes to surrender her personal information, she is to be free to use her privacy right as a trump to keep it confidential or to subject its release to conditions that she alone wishes to set
What are Alan Westin’s four states of privacy and what do they mean
Solitude - individual being separated from the group and freed from the observation of other persons. Complete state of privacy that individuals can achieve
Intimacy - acting as part of a small unit so that it may achieve a close, relaxed, and frank relationship between two or more individuals
Anonymity - occurs when the individual is in public places or performing public acts, but still seeks, and finds, freedom from identification and surveillance
Reserve - creation of psychological barrier against unwanted intrusion which occurs when the individual’s need to limit communication about himself is protected by the willing discretion of those surrounding him
What is the privacy Paradox?
This reveals the disconnect between what users say about the value of privacy versus how users act regarding their privacy.
People have incomplete information about the risks to their privacy and how often only realize them after privacy violations have occurred.
People’s bounded rationality limits their ability to fully process information about the risks of their privacy
What are the permissible uses of Consumer Reports under the FCRA?
Data use is restricted to specific, legally defined purposes. This act emphasizes the context in which data is used and the purposes for which it is collected.
Any information which pertains to credit worthiness, standing, capacity, a person’s character, general reputation, personal characteristics, or mode of living may be used in whole or in part to determine a consumer’s eligibility for:
credit, insurance, employment, and other business purposes.
consumer reports may only be used for legitimate purposes, such as credit, insruance, employment, or other business needs
What are the GLBA’s information sharing requirements for affiliates?
the GLBA authorizes widespread sharing of personal information by financial institutions such as banks, institutions, and investment companies. If entities are joined or affiliated with each other, consumer’s privacy interests are limited and the company must provide notice of its data practices to consumers
FI must provide initial and annual privacy notices to consumer customers, must process opt outs within 30 days, third party sharing is allowed only if an exception exists, must ensure that service providers do not use data for other purpose
What are the GLBA’s information sharing requirements for non affiliates?
For data sharing with nonaffiliated, a company must give consumers a chance to opt out of data sharing. Agencies must establish appropriate standards for the financial institutions subject to their jurisdictions to insure security and confidentiality of customer records and information and must protect against unauthorized access to the records
Provisions only apply to nonpublic personal information which consists of personally identifiable financial info
What information does the GLBA cover?
Covers info consumer provides to a financial institution to obtain a financial product or service, resulting from a transaction involving a financial product or service betwen an FI and a consumer that the FI otherwise obtains in connection with providing a financial product to service to a consumer
- Can be
- name
- address
- bank account numbers
- credit card numbers
- social security numbers
What is the specific type approach to classifying PII?
- attempts to list specific types of data which constitutes PII
- most states write PII statutes this way
- problem with this is that the identifiability of the data is not fixed inherent property of the data but is an evolving and contextual matter
What is the non public approach to classifying PII?
- is the information in the public domain
- this is the GLBA approach
- does not map to whether the information identifies a person
What is the tautological approach to classifying PII?
- does the information identify a person
- if the info identifies a person in any way, the info is under the statute
What is the tort of intrusion upon seclusion
- An unauthorized intrusion or prying into the plaintiff’s seclusion
- An intrusion which is offensive or objectionable to a reasonable man
- The matter upon which the intrusion occurs is private
- The intrusion causes anguish and suffering
What is the tort of Appropriation
- an appropriation
- without consent
- of one’s name or likeness
- for another’s use or benefit
When a company makes a privacy policy change, what are the company’s obligations?
- organizations provide a privacy notice and then individuals have the choice to use the site and service or not
- if individual decides to use the site or service, consent is assumed to the resulting disclosed data practices
- this approach has been criticized as essentially requiring one to consent in order to use the service
