1. © 2003 Spoke Software, Inc. Privacy – California Dreamin’? A Brief Look at the Privacy Landscape in California

2. 2 © 2003 Spoke Software, Inc. Spoke Software, Inc. Confidential Privacy & Security Privacy and security are two sides of the same coin. Everybody wants them, knows they’re needed – and in some cases, legally required. Not everybody focuses on sorting out what they mean, and the implications for identifying them as key values.

3. 3 © 2003 Spoke Software, Inc. Spoke Software, Inc. Confidential Privacy Brandeis & Warren, “Right to be let alone,” but more modern phrasing is control of personal data Usual context is personal data that could be easily misused Financial data Medical data Internet surfing history General expectation that surveillance and sale/trading of data will be limited

4. 4 © 2003 Spoke Software, Inc. Spoke Software, Inc. Confidential Security Security is focused on protection against unauthorized access to data Used most commonly in the context of protection against hacking, etc. Critical consideration for businesses with sensitive (or perceived-as-sensitive) data.

5. 5 © 2003 Spoke Software, Inc. Spoke Software, Inc. Confidential Common Ground Privacy and security are about protection of data flows – a critical issue for our interconnected global economy Privacy expectations limit the willful exchange of data (e.g., banks should not sell information on medical transactions to health insurers) Security expectations limit porousness of data transfer (e.g., transfer of sensitive data to off-site archival storage should not be done unencrypted on the open Internet, employee data should not be in an unprotected computer)

6. 6 © 2003 Spoke Software, Inc. Spoke Software, Inc. Confidential California Legislative Actions Cover both privacy and security: Various anti-identity theft measures SB1386/AB700 (2002) on Security Breaches AB68 (2003) on Privacy Policies SB1 (2003) on Financial Privacy SB186 (2003) on Spam Preempted (partially) by CAN-SPAM New areas Gmail Automotive “black boxes”

7. 7 © 2003 Spoke Software, Inc. Spoke Software, Inc. Confidential Continued Focus on Online Data Driven by fear of the new, and of descent into surveillance society Technologies not well-understood Raw political reasons as well – tech industry is insufficiently politically organized Powerful financial industry resistance to legislation that would affect its data sharing practices Tech industry is getting better organized…