Privacy and personal information

1. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 1
Social, Legal, and Ethical Issues for Computers and the Internet
Privacy & Personal Information

2. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 2
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

3. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 3
The Impact of Computer Technology
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-being left alone.
• Control of information about oneself.
• Freedom from surveillance (followed, watched, eavesdropped upon).

4. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 4
The Impact of Computer Technology
Invisible Information Gathering
Examples:
• Satellite surveillance.
• Caller ID.
• 800- or 900-number calls. Or Pizza Hut!
• Web-tracking data; cookies. Peer-to-peer monitoring.
– Spyware such as Gator, BonziBUDDY, and Comet Cursor is often
surreptitiously bundled with freeware and shareware software that users
download from the Internet, and is commonly found in popular peer-to-
peer programs, such as KaZaa, BearShare, AudioGalaxy, and others. In
the most malicious cases, spyware can perform non-marketing
operations, all hidden to the user, including data collection for industrial
espionage purposes.
• Others…
Q: Recall an example of invisible information gathering about
you.

5. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 5
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 occasion when a secondary use of your personal information was
made.

6. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 6
The Impact of Computer Technology
Computer Matching
Combining and comparing information from more than one
database (usually matching SS# to records). Some examples:
• Sharing of government agencies’ databases to detect fraud by recipients
of government programs.
• Creating consumer dossier from various business databases.
Q: Recall an example of computer matching that has appeared in the news.

7. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 7
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: How might profiling be used with your personal information?

8. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 8
The Impact of Computer Technology
Monitoring and Tracking
Examples:
• GPS (global positioning system).
• Cell-phones.
• Blackboxes in automobiles. (monitoring speed and where traveled)
• Other wireless appliances.
• Google Map….type your address in Google—see what happens
Q: What is the impact of GPS-equipped childrens’ wrist watches.

9. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 9
“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: Which government databases contains your personal information?

10. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 10
“Big Brother is Watching You”
4th
Amendment
Expectation of Privacy:
• Government’s rights are limited.
• Government must have probable cause to search private premises or
seize documents.
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?

11. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 11
Consumer Information
Consumer Databases
Gathering Information:
• Warranty cards.
• Purchasing records.
• Membership lists.
• Web activity.
• Change-of-address forms.
• Much more…
Q: Recall ways in which you have contributed to consumer databases.

12. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 12
Consumer Information
Consumer Databases (cont’d)
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.
Q: What measures do you take to limit consumer information gathered
about you?

13. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 13
Consumer Information
Marketing: Using Consumer Information
• Trading/buying customer lists.
• Telemarketing.
• Data Mining. (Spyware)
• Mass-marketing.
• Web ads.
• Spam (unsolicited e-mail).
Q: How are children affected by marketers using consumer information?

14. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 14
Consumer Information
Credit Bureaus
Uses of consumer information:
• Evaluate credit risk of applicant.
• Marketing.
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?

15. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 15
More Privacy Risks
Social Security Numbers (SSNs)
Appear in:
• Employer records.
• Government databases.
• School records.
• Credit reports.
• Consumer applications.
• Many other databases.
Be careful giving out your SSN…identity theft problems.
Q: What are the risks of using SSNs as identifiers?

16. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 16
More Privacy Risks
National ID Card System
If implemented, the card could contain your:
• Name.
• Address.
• Telephone number(s).
• Photo.
• SSN.
Q: What other personal information should a national ID card contain?

17. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 17
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…
Kind of scary…”Let me see your papers.”
Q: Are the benefits of a national ID system greater than the risks?

18. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 18
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…
Q: Why would marketers want access to your medical information?

19. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 19
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: How should access to public records be controlled?

20. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 20
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.
Q: How do you limit unwanted use of your personal information?

21. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 21
Protecting Privacy: Education,
Technology, and Markets
Technology
Enhance privacy using:
• Cookie (files a web site; stores it on each visitor’s computer) disablers.
• Opt-in (Consumer must check if they want info)/opt-out (consumer
must check if they don’t want info) options.
• Anonymous Web services. Anonymizer.com…surf the web
anonymously
• P3P (Platform for Privacy Preferences). (automatically protect people’s
privacy when they use the web…users choose the amount of info to give
out)
Audit trails-keep track of who sees what. (system keeps track of each user
that accesses each type of data)
Q: What privacy-enhancing technology do you use regularly?

22. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 22
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.
Q: Have you read the privacy policies at Web sites you frequent?

23. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 23
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: How should rights to information about transactions between two parties
be assigned?

24. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 24
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.
Consumer-Protection View
• 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.
Q: How should the privacy of consumer transactions be regulated?

25. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 25
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. (not opt-out)
Q: Recall a situation where you exchanged personal information for some
benefit.

26. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 26
Protecting Privacy: Law and Regulation
Contracts and Regulations (cont’d)
Ownership of personal data. Can an individual own:
• Facts (e.g. marriage license in public records)?
• Personal information (e.g. your date of birth)?
Freedom of speech
• Prohibiting communication of information may violate the 1st
Amendment.
Q: When does protecting privacy conflict with freedom of speech?

27. A Gift of Fire, 2ed Chapter 2: Privacy and Personal Information 27
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 conviction.
Q: Can the EU’s privacy regulations work in the US?