Group 3 Report Privacy
Group 3 Report Privacy
Members
What is Privacy?
• "The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no
Warrants shall issue, but upon probable cause, supported
by Oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be
seized" (This passage from the Fourth Amendment of the
US Constitution ensures the protection of individual
privacy by preventing unwarranted government intrusion
into personal spaces and belongings.)
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What is Privacy?
• In the digital age, individuals face challenges beyond
government intrusion; many are also concerned about
how businesses handle personal data. Although there are
few comprehensive laws that protect individuals from
corporate data collection, many assume they have more
privacy rights than the law actually provides. The
increasing integration of various technologies further
erodes privacy and fuels skepticism among the public.
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Information
Privacy
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Information Privacy
• Information Privacy concerns the rights of
individuals to control their personal data—how
it is collected, stored, and shared. It
encompasses two important subcategories:
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Privacy
Laws,
Applications
, and Court
Rulings
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Financial Data
• Fair Credit Reporting Act (1970): Ensures fairness and accuracy in credit reporting and privacy in
handling credit information.
• Right to Financial Privacy Act (1978): Protects consumer financial records from unauthorized
government access.
• Gramm-Leach-Bliley Act (1999): Requires financial institutions to explain their data sharing practices and
give consumers opt-out options.
• Fair and Accurate Credit Transactions Act (2003): Provides free access to credit reports and adds identity
theft protections.
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Health Information
• Health Insurance Portability and Accountability Act (1996): Protects the confidentiality of
personal health information and sets national standards for secure healthcare data exchange.
• American Recovery and Reinvestment Act (2009): Enhances privacy protections for electronic
health records (EHR) and supports secure healthcare technologies.
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Children’s Personal Data
• Family Educational Rights and Privacy Act (1974): Grants parents control over their children’s
educational records and transfers these rights to students when they turn 18.
• Children’s Online Privacy Protection Act (1998): Requires websites directed at children under
13 to obtain parental consent before collecting personal information.
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Electronic Surveillance
• Title III of the Omnibus Crime Control and Safe Streets Act (1968): Regulates wiretapping for
law enforcement.
• Foreign Intelligence Surveillance Act (FISA) (1978): Authorizes electronic surveillance for
national security purposes.
• USA PATRIOT Act (2001): Expands government powers for surveillance in response to
terrorism.
• USA Freedom Act (2015): Limits the bulk collection of telephone metadata by the
government.
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Fair Information Practices
• European Union Data Protection Directive (1995): Regulates data protection within the EU.
• General Data Protection Regulation (2018): Strengthens EU data privacy laws, especially
regarding user consent and cross-border data transfers.
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Access to Government Records
• Freedom of Information Act (1966): Provides public access to federal government records,
with exemptions for sensitive information.
• Privacy Act (1974): Governs the collection, maintenance, and use of personal data by federal
agencies and gives individuals the right to access their records.
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KEY PRIVACY AND
ANONIMITY ISSUES
Consumer Profiling
• Online Tracking: Companies often use cookies, which are small text files stored on
users' devices, to track browsing habits and preferences. This information is
invaluable for targeted advertising.
• Surveys and Forms: Many organizations gather personal information when users
fill out online forms or participate in surveys, asking for demographic details,
interests, and preferences.
• Social Media: Data harvested from social media interactions allows companies to
build detailed consumer profiles based on likes, shares, and engagement levels.
Ethical Concerns:
• Informed Consent: Many consumers are unaware of how much data is being
collected and for what purposes. The lack of transparency around data practices
raises ethical questions regarding informed consent.
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Importance:
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Challenges:
• Data Volume: The sheer volume of digital information generated daily can make the e-discovery
process daunting and costly for organizations. Law firms may need to sift through terabytes of data
to locate relevant information.
• Data Preservation: Maintaining data integrity during the e-discovery process is crucial. Any
alterations to the data could lead to legal disputes regarding its admissibility in court..
• Costs: E-discovery can be expensive, with costs arising from the need for specialized software, legal
expertise, and storage solutions to manage large data sets.
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Legal and Ethical Considerations:
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Workplace
Monitoring
Workplace Monitoring
o Privacy vs. Security: While employers have valid reasons for monitoring, such as
ensuring safety and compliance, they must balance these needs with respecting
employee privacy rights. Excessive monitoring can lead to a lack of trust and a toxic
work environment.
o Impact on Trust: A culture of excessive surveillance can erode trust between employees
and management. It may lead to decreased job satisfaction and increased turnover
rates if employees feel they are constantly being watched.
Advanced
Surveillance
Technology
Advanced Surveillance Technology
o Vehicle Event Data Recorders (EDRs): These devices are installed in vehicles to record
crucial data related to their operation, including speed, braking patterns, and location.
While EDRs can provide essential information during accidents for legal proceedings,
concerns about data ownership and privacy arise when the information is used without
the driver’s knowledge.
Technologies Used:
o Lack of Transparency: Many individuals may not be aware of the extent to which they
are being monitored, leading to a lack of informed consent.
o Data Security Risks: Collected data may be vulnerable to breaches, exposing sensitive
information that could be exploited.
Ethical and Legal
Considerations:
o Regulatory Challenges: Existing laws may not adequately address the rapid
advancement of surveillance technologies, leaving gaps in protections for individuals.