1. 14.1 Chapter 14 Privacy © 2003 by West Legal Studies in Business/A Division of Thomson Learning

2. 14.2 Political and Social Context  Personally identifiable information (PPI)  Sectoral approach  Omnibus method  Commoditization of private information  Data creep  Segmentations include privacy fundamentalists, privacy pragmatists, and privacy unconcerned

3. 14.3 What is Privacy? Public-sector vs. private-sector Privacy vs. confidentiality Privately-held vs. publicly-held

4. 14.4 Regulation of Private Data Management  Basic mechanics of modern private data activities  Data acquisition  Information analysis  Use of knowledge  Nature of privacy rights

5. 14.5 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. Let’s Discuss Let’s Discuss Let’s Discuss Let’s Discuss

6. 14.6 Fair Information Practice Principles 1.Notice 2.Choice 3.Consent 4.Access 5.Security 6.Enforcement

7. 14.7 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. 14.8 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. 14.9 Privacy Rights Under State Law  Intrusion upon seclusion  Public disclosure of private facts  False light  Misappropriation

10. 14.10 Electronic Privacy  Profiling  Unsolicited commercial e-mail (Spam)  Telecommunications  Children's online privacy

11. 14.11 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  Gramm-Leach-Bliley Act of 1999  Introduces consolidation of financial service firms

12. 14.12 Employment and Workplace Privacy  Substance abuse  Federal lie detector prohibitions  Workplace surveillance  Workplace e-mail privacy

13. 14.13 Privacy and Self-Regulation  Netiquette  Chief privacy officers  Objective self-regulation  Seal program  Guidelines set by independent third parties