WEEK3

Question 1

WEEK3.2. (True/False)

Law determines what situations privacy will be afforded legal protection but does not determine what privacy is.

Answer 1

TRUE

“Lawdoesnotdeterminewhatprivacyis,
but only what situations of privacy will be afforded legal protection”

Question 2

WEEK3.3.	Which researcher is credited with providing the first significant work on the problem of consumer privacy and data protection?
A.	Alan Westin
B.	Julie E. Cohen
C.	Anita Hill
D.	Anita Allen

Answer 2

A.

ALAN WESTIN

Question 3

What is Publica and Private Spheres

Answer 3

– Public: Realm of life experienced in the open, in the community, and in the world of politics
– Private: Realm of life where one retreats to isolation or to one’s family

Question 4

What is Privacy?

Answer 4

– Privacy is the right to be let alone
– Privacy is whatever an individual wants to be private
-Privacy is what society recognizes as reasonable for one to expect to be private
-Privacy is concealing certain facts about oneself
-Privacy is a form of limited access to the self
-Privacy is having control over one’s personal information
-Privacy is the application and enforcement of “Fair Information Practices”
-Privacy is an individual’s interest in becoming, being, and remaining a person
– Privacy is having control over a realm of intimacy
– Privacy is the ability to be anonymous

Question 5

Alan Westin
Who?
What is a significant work/research?

Answer 5

Author of the book Privacy and freedom.
Did Research in the 1960s (1967 to be exact).
-First significant work on the problem of CONSUMER PRIVACY & DATA PROTECTION

Question 6

According to Alam Westin, What is privacy?

Answer 6

The claim of individuals…to determine for themselves when, how and to what extent information about them is communicated.

– Privacy as Control Over Information : a number of theorists conceive
privacy as a form of control over personal information
– Privacy as Limited Access to the Self : another group of theorists view privacy as a form of limited access to self
– Privacy as Intimacy : a number of theorists argue that intimacy appropriately defines what information or matters are private

Question 7

Julie E.Cohen–Law Professor at Georgetown Law School
– Advisory Board member of Electronic Privacy Information Center

What is the object of his research?

According to him What is privacy?

Answer 7

Object that explores relationship between PRIVACY and AUTONOMY.

• Privacy and Respect for Persons – the purpose of privacy is promoting the development of autonomous individuals and, more broadly, civil society
• Privacy as an Individual Right and as a Social Value – privacy is a common value and is a public value not just to the individual but is a common value to the democratic political system

Question 8

Daniel J. Solove, Law Professor at the GWU Law School

According to him, What is Privacy?

Answer 8

Authored Conceptualizing Privacy that argues privacy can not be reduced to a unified conception as attempts to isolate a common denominator of privacy often end up too narrow or too broad

Question 9

Daniel J. Solove identifies four groupings of activity that create privacy problems in Revising the Prosser Taxonomy, what are they?

Answer 9

• Surveillance
• Information Processing
• Information Dissemination
• Invasion into people’s private affairs

Question 10

According to Dabiel J Solove, what is the concept of Reductionists ?

Answer 10

theorists who assert privacy can be reduced to other concepts and rights (e.g. cluster of right to liberty, property rights, and right not to be injured)

Question 11

WEEK3.1. fILL IN THE BLANKS
—————————theorists who assert privacy can be reduced to other concepts and rights (e.g. cluster of right to liberty, property rights, and right not to be injured)

Answer 11

Reductionists

Question 12

Elaborate how privacy depends on the CONTEXT (according to Daniel)

Answer 12

the meaning of privacy depends upon context, that there is no common denominator to all things we refer to as privacy.

Question 13

Anita L. Allen, Law Professor and Vice Provostat University of Pennsylvania Law School

Answer 13

Authored Coercing Privacy that argues when the law should force people to be private

Question 14

Should privacy be an Inalienable Right (according to Anita L. Allen)?

Answer 14

people regularly surrender their privacy; but privacy should be seen as an inalienable right that people cannot give away

Question 15

Privacy and Publicity (according to Anita L. Allen)

Answer 15

privacy is contextual as the desire for publicity and desire for privacy can coexist (According to Anita)

Question 16

Eroding Expectations of Privacy and Privacy Paternalism (According to Anita)

Answer 16

expectations of privacy are eroding; should the law protect privacy even if people don’t expect it?

Question 17

PaulM.Schwartz, Law Professor at UC Berkeley School of Law

Answer 17

Authored Privacy and Democracy in Cyber space that discusses relationship between privacy and autonomy with a focus on the connection between democracy and individual self-determination

Question 18

Privacy and Personhood (According to Paul)

Answer 18

privacy protects the individual’s interest in becoming, being, and remaining a person

Question 19

Privacy and Democracy (According to Paul)

Answer 19

privacy protects democracy (e.g. protects right to engage in political association, protects right to vote, safeguards ability to read and discuss unpopular political viewpoints)

Question 20

Privacy and Role Playing (According to Paul)

Answer 20

privacy enables people to play diverging roles and provides some degree of influence over how they are judged in the public arena

Question 21

Individual Autonomy, Democratic Order, and Data Trade (According to Paul)

Answer 21

• People can be caught in the “autonomy trap,” in which they appear to be exercising control over their information but in reality they are not
• Data trade might effect how privacy is viewed as a social and not merely an individual good

Question 22

Spiros Simitis

Authored Reviewing Privacy in an information society

Answer 22

an internationally recognized German jurist and a pioneer in the field of data protection

His Book discusses how the regulation of data processing systems is essential in a modern democracy

Question 23

Privacy and Democracy (according to Spiros Simitis)

Answer 23

automated processing of personal data has the tendency to inhibit and standardize behavior

Question 24

Privacy Law and information Flow (according to Spiros Simitis)

Answer 24

privacy is necessary to secure the individual’s ability to communicate and participate but must strike balance with enabling information flow

Question 25

Richard A Posner

Answer 25

-senior Lecturer in Law at University of Chicago Law School and former judge on US Court of Appeals for 7th Circuit
Authored The right to privacy

Question 26

Posner’s Conception of Privacy

Answer 26

privacy is a right to conceal discreditable facts about oneself; particularly those discreditable facts important for assessing a person’s reputation

Question 27

Irrational Judgments (by Posner)

Answer 27

the market will over time eradicate irrational judgment that occurs after learning certain information about others

Question 28

The Dangers of the Masquerade Ball (by Posner)

Answer 28

Information is needed to judge other people, and privacy deprives us of the information

Question 29

Information Dissemination and Economic Efficiency (By Posner)

Answer 29

everyone should be allowed to protect himself from disadvantageous transactions by ferreting out concealed facts about individuals which are material to representations those individuals make concerning their moral qualities

Question 30

Why Don’t Individuals Protect Their Privacy (By Posner)

Answer 30

individuals exchange privacy for services or small rewards and don’t adopt techniques to protect privacy

Question 31

Fred H. Cate

Answer 31

The law professor at Indiana University School of Law
Authored Principles of Internet Privacy that argues new privacy laws threaten the flow of information necessary to democracy and a free press

Question 32

The Pros and Cons of the Free Flow of Information (according to Fred)

Answer 32

free flows of information create a democratization of opportunity in the U.S.

Question 33

The Costs of Privacy (according to Fred)

Answer 33

privacy laws affecting businesses creates a “cost” for them; but business practices such as telemarketing and unsolicited credit applications creates a “cost” for consumers

Question 34

The Business of Data Trade (according to Fred)

Answer 34

trade in personal information is a valuable part of the US economy

Question 35

The Benefits of Information Collection and Use (according to Fred)

Answer 35

there is benefit to having widespread information gathering about most people (e.g. phone book)