The Impact of Computer Technology

A Gift of Fire
Privacy and Personal Information
The Impact of Computer Technology Big Brother is Watching You Consumer Information More Privacy Risks Protecting Privacy: Education, Technology, and Markets Protecting Privacy: Law and Regulation

Computers are not needed for the invasion of privacy. Computers simply make new threats possible and old threats more potent. Privacy can mean:
Freedom from intrusion. Control of information about oneself. Freedom from surveillance.

A Gift of Fire, 2ed

Chapter 2: Privacy and Personal Information

A Gift of Fire, 2ed

Chapter 2: Privacy and Personal Information

The Impact of Computer Technology

Invisible Information Gathering
Examples:
Satellite surveillance. Caller ID. 800- or 900-number calls. Loyalty cards. Web-tracking data; cookies. Peer-to-peer monitoring. Others

The Impact of Computer Technology

Secondary Use
Using information for a purpose other than the one for which it was obtained. A few examples:
Sale (or trade) of consumer information to other businesses. Credit check by a prospective employer. Government agency use of consumer database.

Q: Recall an example of invisible information gathering about you.

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Q: Recall an occasion when a secondary use of your personal information was made.
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The Impact of Computer Technology

Computer Matching
Combining and comparing information from more than one database. Some examples:
Sharing of government agencies databases to detect fraud by recipients of government programs. Creating consumer dossiers from various business databases.

The Impact of Computer Technology

Profiling
Using data in computer files to predict likely behaviors of people. Some examples:
Businesses engage in profiling to determine consumer propensity toward a product or service. Government agencies use profiling to create descriptions of possible terrorists.

Q: Recall an example of computer matching that has appeared in the news.

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Q: How might profiling be used with your personal information?

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The Impact of Computer Technology

Monitoring and Tracking
Examples:
GPS (global positioning system). Cell-phones. Blackboxes in automobiles. Other wireless appliances.

Big Brother is Watching You

Federal Government Databases
Purpose:
Determine eligibility for jobs and programs. Reduce waste. Detect fraud. Law enforcement.

Regulations:
Privacy Act of 1974. Computer Matching and Privacy Protection Act of 1988.

Q: What is the impact of GPS-equipped childrens wrist watches.

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Q: Which government databases contains your personal information?

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Big Brother is Watching You

4th Amendment
Expectation of Privacy:
Governments rights are limited. Government must have probable cause to search private premises or seize documents.

Consumer Information
Consumer Databases
Gathering Information:
Warranty cards. Purchasing records. Membership lists. Web activity. Change-of-address forms. Much more

Privacy Challenges:
New sensing and surveillance technologies enable the government access to private premises without physical entry. New technologies provide the government with access to huge amounts of personal data in business databases. Courts allow some searches and seizures of computers without search warrants.

Q: Has technology strengthened or weakened the spirit of the 4th Amendment?

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Q: Recall ways in which you have contributed to consumer databases.

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Consumer Information
Consumer Databases (contd)
Limiting Collection, Use, Sharing, and Sale of Personal Data:
Consumers can take measures to restrict the use of their personal information. Some information sharing is prohibited by law. Some information sharing is prohibited by published, privacy policies.

Consumer Information
Marketing: Using Consumer Information
Trading/buying customer lists. Telemarketing. Data Mining. Mass-marketing. Web ads. Spam (unsolicited e-mail).

Q: What measures do you take to limit consumer information gathered about you?
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Q: How are children affected by marketers using consumer information?

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Consumer Information
Credit Bureaus
Uses of consumer information:
Evaluate credit risk of applicant. Marketing.

More Privacy Risks

Social Security Numbers (SSNs)
Appear in:
Employer records. Government databases. School records. Credit reports. Consumer applications. Many other databases.

Regulation:
FCRA (Fair Credit Reporting Act) Self-regulated by privacy principles.

Q: If you are denied credit, what are your rights based on the FCRA?
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Q: What are the risks of using SSNs as identifiers?

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More Privacy Risks

National ID Card System
If implemented, the card could contain your:
Name. Address. Telephone number(s). Photo. SSN.

More Privacy Risks

National ID Card System
If implemented, the system could allow access to your:
Medical information. Tax records. Citizenship. Credit history. Much more

Q: What other personal information should a national ID card contain?

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Q: Are the benefits of a national ID system greater than the risks?

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More Privacy Risks

Personal Health and Medical Information
Data can include:
History of substance abuse. Treatment for sexually transmitted disease. Extent of psychiatric help received. Any suicide attempt(s). Diagnosis of diseases (diabetes, angina, cancer, etc.). Use of prescribed medicines. Much more

More Privacy Risks

Public Records
Available in paper form and/or online:
Bankruptcy. Arrest. Marriage-license application. Divorce proceedings. Property ownership. Salary (if employed by state or federal government). Wills and Trusts. Much more

Q: Why would marketers want access to your medical information?

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Q: How should access to public records be controlled?

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Protecting Privacy: Education, Technology, and Markets

Education
Must include awareness of:
How the technology works. How the technology is being used. The risks brought on by the technology. How to limit unwanted use of personal information. Applicable state and federal laws and regulations.

Protecting Privacy: Education, Technology, and Markets

Technology
Enhance privacy using:
Cookie disablers. Opt-in/opt-out options. Anonymous Web services. P3P (Platform for Privacy Preferences). Good passwords. Audit trails.

Q: How do you limit unwanted use of your personal information?

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Q: What privacy-enhancing technology do you use regularly?

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Protecting Privacy: Education, Technology, and Markets

Market Response
Markets can protect your privacy by:
Using trusted third parties. Adhering to established privacy policies. Purchasing consumer information directly from the consumer. Developing and selling privacy-enhancing technologies and services.

Protecting Privacy: Law and Regulation

Philosophical Views
Samuel Warren & Louis Brandeis:
Individuals have the right to prohibit publication of personal facts and photos.

Judith Jarvis Thompson:

No distinct right to privacy. Privacy rights result from rights to our property, body, and contracts.

Transactions:
Transactions have two parties, often with conflicting preferences about privacy.

Q: Have you read the privacy policies at Web sites you frequent?
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Q: How should rights to information about transactions between two parties be assigned?
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Protecting Privacy: Law and Regulation

Contrasting Views
Free-market View
The parties of a transaction are viewed as equal. Truth in information gathering. Strong reliance on contracts. Freedom of speech and commerce. The parties of a transaction are viewed differently. More stringent consent requirements required by law. Strong limitations on secondary uses of information required by law. Legal restrictions on consumer profiling.

Protecting Privacy: Law and Regulation

Contracts and Regulations
Basic Legal Framework:
Enforce agreements and contracts. Publish privacy policies. Set defaults for situations not in contract.

Requiring Specific Consent policies:

Adhere to informed consumer consent. Use opt-in policies.

Consumer-Protection View

Legal Regulations:
Determine effectiveness, direct and hidden costs, and any loss of services or inconvenience.

Q: How should the privacy of consumer transactions be regulated?

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Q: Recall a situation where you exchanged personal information for some benefit.
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Protecting Privacy: Law and Regulation

Contracts and Regulations (contd)
Ownership of personal data. Can an individual own:
Facts (e.g. marriage license in public records)? Personal information (e.g. your date of birth)?

Protecting Privacy: Law and Regulation

EU (European Union) Privacy Regulation
Key points:
Limited collection of personal data. Data must be up-to-date and destroyed when no longer needed. Consent for sharing data is required. Sensitive data (e.g. religion) can only be provided with consent. Notify consumers about the collection and intended purpose of data. Restricted access and sharing of criminal convictions.

Freedom of speech
Prohibiting communication of information may violate the 1st Amendment.

Q: When does protecting privacy conflict with freedom of speech?

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Q: Can the EUs privacy regulations work in the US?

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