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27 Cards in this Set

  • Front
  • Back

Define privacy.

The right to be left alone.


To decide what to reveal about oneself.



Name four different legislation concerned with privacy.

Human rights act 1998.


Convention for protection of human rights 1950


Universal declaration of human rights 1948

Name four different types of privacy.

[Privacy is terribly boring]


1. Privacy of communications


2. Information privacy (DPA)


3. Territorial privacy (Video recording)


4. Bodily privacy (Invasive procedures, genetic tests)

Give four key points proving why privacy is important.

Psychological well being.


Sociological well being.


Economically - Freedom to innovate


Political privacy - People need to be free to think, argue and act.

Discuss the four major models for privacy protection.

1. Comprehensive laws.


2. Sectoral laws


3. Self regulation


4. Technologies of Privacy

Discuss comprehensive laws relating to privacy.

General Laws that govern: Collection. Use. Dissemination of personal information.




Example: Data Protection Act of 1998.

Discuss Sectoral laws relating to privacy.

Specific Laws that cover only certain sections (sectors) of privacy protection.




Ex: Health & Financial Privacy laws in USA.


Problems: Lags behind with each new technology introduced. Lack of oversight.

Discuss Self regulation relating to privacy.

Companies step in, define their own privacy rules.




Drawbacks: Weak protections. Lack of enforcement.

Discuss Technology relating to privacy.

For: Encryption. Anonymous remailing. Proxy servers. Biometric access systems. Secure Online access.


Against: Government backdoors, spyware, cookie tracking.

Name some threats to privacy.

9/11: Increased surveillance


Weakened data protection laws.


Sharing company/customer data with government agencies.


Identity systems


Face regognition

Discuss privacy within the context of e-commerce. (1) What are the issues?

Large amounts of personal data transferred which can reveal interests, tastes, religion.


Ex: Data Mining. Tracking cookies.




Customers concerned about unauthorized access to that data and secondary use.



Discuss privacy within the context of e-commerce. (2) How is it regulated? Name two relevant directives.

EU Data Protection Directive (1995)


EU e-Privacy Directive (2002)



Who does the Data Protection Act (DPA) protect?

It protects individuals.




It regulates the ability of organisations to use the data for business purposes.

What is the EU data protection directive?

It protects the privacy and all personal data of EU Citizens. It states that data should be processed in a fair and legal way, limited to the purposes that were explicitly defined.

What is personal data in relation to the EU data protection directive?

Personal data is any information which can directly relate to a person.




Data is only personal if it enables anyone to link information to a specific person.

What is sensitive personal data according to the EU Data Protection Directive?

Data revealing: Racial, religious, political, trade-union, health or sex life.

Define processing in the context of the EU data protection directive.

Processing is any operation performed on personal data by automatic or manual means.




Examples include collection, recording, organisation, storage, retrieval.

How should personal data be processed according to the EU data protection directive?



Relevant to the explicitly defined purposes.


Data stored must always be Accurate.


Time-Limited data is only stored for as long as needed.

When is processing permitted, according to the EU data protection directive?

Data may only be processed with Consent.


By Contract and meeting Legal obligations.


With the vital interests of the data subject in mind especially when subject is physically/legally incapable of giving consent.


With public interest and legitimate interest.

What are the four rights of data subjects?

1. Right to access the information


2. Right to correct the information


3. Right to object


4. Right to not be automation and solely automated decisions.

What are the obligations of data controllers?

1. Notice to individuals: if the data is not used in purposes already explicitly defined.


2. Notice to data protection authorities.

Transfer of data to third countries is allowed when....

Data can only be transferred to non-EU countries under specific circumstances if they provide adequate protection.


1. Country specific exceptions, ex: EU & US: Safe harbor provision


2. Business specific exceptions


3. Circumstance specific exceptions



Name a few examples of data protection offences (Data Protection Act of 1998)

1. Processing personal data without notifying the data commissioner.


2. Unlawful obtaining, selling of personal data.


3. Failing to respond to information notice.


4. Failing to take appropriate technical/organisational security.

Name the key points of protection the EU e-privacy Directive provides.

1. Subscribers must be informed of security threats


2. Confidentiality of information is to be maintained.


3. Consent is provided.


4. Erase/anonymize data not needed.


5. SPAM- No emails without prior opt-in consent



Cookies

Users must be informed that


1) they are there


2) what they are doing


3) obtain consent.

Human rights act 1998

"Everyone has the right to respect for his private and family life", however this right cannot be used to interfere with public authorities acting in accordance with the law.

Freedom of information act (2000)

Amends DPA (1998)


Provides right of access to information held by public authorities with exemptions.