1. 13.1 Chapter 13 Privacy © 2003 by West Legal Studies in Business/A Division of Thomson Learning

2. 13.2 Political and Social Context  Personally identifiable information (PII)  Sectoral approach  Omnibus method  Commoditization of private information  Data creep  Segmentations include privacy fundamentalists (25%), privacy pragmatists (63%), and privacy unconcerned (12%)

3. 13.3 What is Privacy? Public-sector vs. private-sector Privacy vs. confidentiality Privately-held vs. publicly-held

4. 13.4 Regulation of Private Data Management  Basic mechanics of modern private data activities  Data acquisition  Information analysis  Use of knowledge  Nature of privacy rights

5. 13.5 Law and Economics of Private Information  What is meant by drawing the privacy “balance?”  Present arguments against strong privacy rights.  Present arguments for strong privacy rights.

6. 13.6 Fair Information Practice Principles 1.Notice 2.Choice 3.Consent 4.Access 5.Security 6.Enforcement

7. 13.7 Constitutional Amendments as Basis for Privacy Rights 1st 3rd 4th 5th 6th 9th 10th 14th Freedoms of speech, religion, press, petitions, assembly, No quartering of soldiers No unlawful search and seizure No double jeopardy, self-incrimination, or taking of private property Trials of public record, confronting witnesses Stating rights in Constitution does not deny people other rights Reserves power of government to states or to the people Due process in states, privileges and immunities, equal protection of the laws

8. 13.8 Privacy in Regulatory and Law Enforcement  Rights pertaining to discovery and production of documents are covered under the Fourth Amendment  Other evidentiary privileges include  Privileged communications  Search and seizure  Privacy under federal FOIA and state open records laws

9. 13.9 USA PATRIOT ACT  Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001  http://www.epic.org/privacy/terrorism/hr3 162.html http://www.epic.org/privacy/terrorism/hr3 162.html  Enacted in response to 11 September 2001 attacks  Amended more than 15 existing laws

10. 13.10 USA PATRIOT ACT  Four principal categories  Greater communication monitoring authority for federal LEO and intelligence  Increased authority for Secretary of the Treasury to regulate banks to prevent money laundering

11. 13.11 USA PATRIOT ACT  Four principal categories  Making it more difficult for terrorists to enter the US  Defining new crimes and penalties for terrorist activity

12. 13.12 Increased Monitoring  Allows for using internet to track email addresses and URLs  Does not require probable cause  Requires warrant  Extends jurisdiction of court approval  Allows for national search warrants

13. 13.13 Increased Monitoring  Broadens roving surveillance  Previously required law enforcement purpose and demonstration that the subject used the device to be monitored  Now allowed for intelligence  Does not require reporting back to the court

14. 13.14 Increased Monitoring  Allows for intercepting computer based communication without warrant if  Access to computer was illegal  Computer owner gives permission  Allows search without warrant if there is “reasonable” belief that providing notice of warrant may have an “adverse affect”

15. 13.15 Increased Monitoring  Allows seizure of property if it “constitutes evidence of a criminal offense” even if not terror related  Makes it easier for FBI to obtain warrant for medical, educational, library, religious organization records  No need to show probable cause  Only requires statement of support of ongoing investigation

16. 13.16 Increased Monitoring  Illegal for record provider to  Reveal existence of warrant  Tell anyone that they provided information  Prohibits FBI from investigating citizens solely on basis of First Amendment activities

17. 13.17 Privacy Rights Under State Law  Intrusion upon seclusion

18. 13.18 Privacy Rights Under State Law  Public disclosure of private facts  False light  Misappropriation

19. 13.19 Electronic Privacy  Profiling  Unsolicited commercial e-mail (Spam)  Telecommunications  Children's online privacy

20. 13.20 Financial Privacy  Fair Credit Reporting Act of 1970  Assures fairness in credit reports without burdening the credit reporting system  Consumer reports are compiled from lender reports  Provides for consumer disputes of accuracy of information in credit reports

21. 13.21 Financial Privacy  Gramm-Leach-Bliley Act of 1999  Introduces consolidation of financial service firms Commercial banking Investment banking Insurance  Requires secrecy measures, notice and opt-out consent

22. 13.22 Health Care Privacy  Primary use is for treatment, payment and business operations  Secondary uses are hiring, insurability or treatment eligibility  Health Insurance Portability and Accountability Act (HIPPA)  Defines health care information as personal identifying information  Requires protection of PII

23. 13.23 Employment and Workplace Privacy  Substance use or abuse  Federal lie detector prohibitions  Workplace surveillance  Workplace e-mail privacy

24. 13.24 Privacy and Self-Regulation  Netiquette  Chief privacy officers  Objective self-regulation  Seal program

25. 13.25 Questions & Discussion