Podcast
Questions and Answers
What is the right of privacy?
What is the right of privacy?
The right to be left alone.
What is the basis for protecting personal privacy under the law?
What is the basis for protecting personal privacy under the law?
The Fourth Amendment of the U.S. Constitution.
What is e-discovery, and how is it being used?
What is e-discovery, and how is it being used?
E-discovery is the collection, preparation, review, and production of electronically stored information for use in criminal and civil actions.
Why are employers increasingly using workplace monitoring?
Why are employers increasingly using workplace monitoring?
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What are the capabilities of advanced surveillance technologies?
What are the capabilities of advanced surveillance technologies?
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What is the Fair Credit Reporting Act, and what does it regulate?
What is the Fair Credit Reporting Act, and what does it regulate?
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What is the Right to Financial Privacy Act, and what does it protect?
What is the Right to Financial Privacy Act, and what does it protect?
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What is the Gramm-Leach-Bliley Act (GLBA), and what are its three personal privacy rules?
What is the Gramm-Leach-Bliley Act (GLBA), and what are its three personal privacy rules?
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The GLBA's opt-out rule gives customers the power to do what?
The GLBA's opt-out rule gives customers the power to do what?
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What is the Fair and Accurate Credit Transactions Act, and what does it allow consumers to do?
What is the Fair and Accurate Credit Transactions Act, and what does it allow consumers to do?
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What does the Health Insurance Portability and Accountability Act (HIPAA) aim to achieve?
What does the Health Insurance Portability and Accountability Act (HIPAA) aim to achieve?
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What does the American Recovery and Reinvestment Act include provisions related to?
What does the American Recovery and Reinvestment Act include provisions related to?
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What does the Family Educational Rights and Privacy Act (FERPA) assign parents rights to?
What does the Family Educational Rights and Privacy Act (FERPA) assign parents rights to?
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What does the Children's Online Privacy Protection Act (COPPA) give parents control over?
What does the Children's Online Privacy Protection Act (COPPA) give parents control over?
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What is Title III of the Omnibus Crime Control and Safe Streets Act, and what does it regulate?
What is Title III of the Omnibus Crime Control and Safe Streets Act, and what does it regulate?
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What does the Foreign Intelligence Surveillance Act (FISA) do?
What does the Foreign Intelligence Surveillance Act (FISA) do?
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What is the FISA Court?
What is the FISA Court?
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What does an executive order do?
What does an executive order do?
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What does Executive Order 12333 identify?
What does Executive Order 12333 identify?
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What is the Electronic Communications Privacy Act (ECPA), and what does it deal with?
What is the Electronic Communications Privacy Act (ECPA), and what does it deal with?
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What is a National Security Letter (NSL) and what does it require?
What is a National Security Letter (NSL) and what does it require?
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What does the NSL gag provision do?
What does the NSL gag provision do?
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What is the Communications Assistance for Law Enforcement Act (CALEA) and what did it require?
What is the Communications Assistance for Law Enforcement Act (CALEA) and what did it require?
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What is the USA PATRIOT Act and what power did it give to law enforcement agencies?
What is the USA PATRIOT Act and what power did it give to law enforcement agencies?
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What is the PATRIOT Sunsets Extension Act of 2011, and what did it do?
What is the PATRIOT Sunsets Extension Act of 2011, and what did it do?
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What is the USA Freedom Act, and what did it accomplish?
What is the USA Freedom Act, and what did it accomplish?
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What is the difference between cookies and tracking software?
What is the difference between cookies and tracking software?
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What is a data breach?
What is a data breach?
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What is cyberloafing?
What is cyberloafing?
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What is the Vehicle Event Data Recorder (EDR), and what does it do?
What is the Vehicle Event Data Recorder (EDR), and what does it do?
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What is a stalking app, and what can it do?
What is a stalking app, and what can it do?
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What is the difference between fair information practices and transborder data flow?
What is the difference between fair information practices and transborder data flow?
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What are some of the eight principles of the OECD fair information practices guidelines?
What are some of the eight principles of the OECD fair information practices guidelines?
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What is the European Union Data Protection Directive, and what does it ensure?
What is the European Union Data Protection Directive, and what does it ensure?
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What is the European-United States Privacy Shield Data Transfer Program Guidelines, and what did it replace?
What is the European-United States Privacy Shield Data Transfer Program Guidelines, and what did it replace?
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What is the General Data Protection Regulation (GDPR), and what does it aim to do?
What is the General Data Protection Regulation (GDPR), and what does it aim to do?
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What is the Freedom of Information Act (FOIA), and what right does it grant to citizens?
What is the Freedom of Information Act (FOIA), and what right does it grant to citizens?
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What does the Privacy Act set rules for?
What does the Privacy Act set rules for?
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Study Notes
Ethics in Information Technology - Chapter 4 - Privacy
- This chapter focuses on privacy issues in information technology.
- Students will be able to define the right to privacy, identify laws protecting personal data, and analyze ethical issues associated with consumer profiling. Also, they'll discuss e-discovery, workplace monitoring, and advanced surveillance technologies.
Learning Objectives - Part 1
- Understand the concept of privacy rights and their legal basis.
- Identify laws safeguarding personal data and associated ethical dilemmas.
- Analyze various consumer profiling strategies and their ethical implications.
Learning Objectives - Part 2
- Define and discuss the use of e-discovery.
- Examine reasons and methods behind increased workplace monitoring.
- Evaluate the capabilities of advanced surveillance technologies and their ethical considerations.
Organizations Gathering Personal Data
- Organizations gather extensive personal data for decision-making.
- This includes web browsing behavior, sexual orientations, work history, police records, medical history, location data, educational records, financial data, and affiliations.
Privacy Protection and the Law - Fourth Amendment
- The Bill of Rights includes amendments guaranteeing specific personal freedoms and rights.
- The Fourth Amendment protects individuals from unreasonable searches and seizures. Searches need warrants based on probable cause. Warrants must explicitly describe the place to be searched and the persons or things to be seized.
- Individuals are protected by this amendment in situations where they have a reasonable expectation of privacy.
Parts of the Constitution
- The document outlines various parts of the constitution including the National Territory, Declaration of Principles and State Policies, Bill of Rights, Citizenship, Suffrage, Legislative Department, and Executive Department
Information Privacy
- Right of privacy: The right to be left alone.
- Information privacy: The protection of communications and data from intrusion by others. This includes the ability to avoid monitoring of communications and limit access to personal data.
Privacy Laws, Applications, and Court Rulings - Financial Data
- Fair Credit Reporting Act: Regulates credit bureaus.
- Right to Financial Privacy Act: Protects financial records from unauthorized federal government scrutiny. Exemptions exist for private and state/local governments.
Gramm-Leach-Bliley Act (GLBA)
- GLBA includes three personal privacy rules.
- The financial privacy rule establishes mandatory guidelines for collecting and disclosing personal financial data.
- Individuals can opt-out of sharing their data with third parties.
- Safeguards rule requires financial institutions to have data security plans.
- The pretexting rule addresses attempts to access personal information without proper authority.
10 Steps to Develop GLBA-Compliant Information Security Policies
- Review, revise, and improve regulations to align with business practices.
- Maintain board oversight and awareness.
- Prepare and maintain a written information security plan.
- Conduct a thorough risk assessment.
- Secure strong control frameworks for risk mitigation.
- Protect against potential insider threats.
- Update and test disaster recovery and business continuity plans.
- Keep suppliers compliant with GLBA guidelines.
- Notify customers of any updates to privacy policies.
Privacy Laws, Applications, and Court Rulings - Financial Data - Part 2
- Fair and Accurate Credit Transactions Act: Allows consumers one free credit report annually from the three primary consumer reporting companies (Equifax, Experian, TransUnion).
- Consumers with suspected identity theft can place alerts on their credit files.
Privacy Laws, Applications, and Court Rulings - Health Information
- Health Insurance Portability and Accountability Act (HIPAA) improves the portability & continuity of health insurance coverage and reduces fraud, reducing waste, and abuse in healthcare delivery.
- Provides administration of health insurance. Includes provisions related to electronic health records (EHRs), ban on sale of health information, promotes audits trails and encryption, and provides patients' rights of access.
Privacy Laws, Applications, and Court Rulings - Children's Personal Data
- Family Educational Rights and Privacy Act (FERPA) establishes parental rights regarding children's educational records (access, amendment, and complaints about disclosure).
- Children's Online Privacy Protection Act (COPPA) gives parents control over children's personal information online.
Privacy Laws, Applications, and Court Rulings - Electronic Surveillance
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Title III of the Omnibus Crime Control and Safe Streets Act (Wiretap Act) regulates wire and oral communications interception, allowing state and federal officials to use wiretapping and electronic eavesdropping with warrants.
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Foreign Intelligence Surveillance Act (FISA): Presents procedures for electronic surveillance and collection of foreign intelligence. Surveillance is typically allowed within the U.S. without court orders, with specific restrictions.
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FISA Court: A court that handles FISA-related applications in secret. The court approves electronic surveillance requests in the United States.
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Executive Order 12333: Identifies U.S. intelligence agencies, defines the information they can collect, store, and disseminate.
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Electronic Communications Privacy Act (ECPA): This law is an amendment to the Omnibus Crime Control and Safe Streets Act, dealing with sender-receiver communications, electronic storage of communications, and prohibitions against recording dialing, routing and signaling information without a warrant.
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National Security Letter (NSL): FBI-issued letters instructing Internet service providers (ISPs) to provide data about a subscriber.
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Communications Assistance for Law Enforcement Act (CALEA): Requires telecommunication companies to build tools for investigators to use after a court order, to access and intercept communication.
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USA PATRIOT Act: Expanded law enforcement and intelligence agency powers, especially related to search of telephone, email, medical, financial records, etc.
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Foreign Intelligence Surveillance Act Amendments Act (2004): Authorized intelligence gathering on individuals not connected to known terrorist organizations.
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PATRIOT Sunsets Extension Act (2011): Expands business record protections regarding wiretaps and the collection of intelligence on "lone wolves."
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USA Freedom Act: This act follows revelations by Edward Snowden, limiting the NSA's bulk collection of telephone information and requiring that communication providers have that stored information available for NSA queries.
Privacy Laws, Applications, and Court Rulings - Fair Information Practices
- Fair information practices: Guidelines for the collection and use of personal data.
- Transborder data flow: Flow of personal data across borders. Fair information practices help support national laws about data privacy.
- Organisation for Economic Co-operation and Development (OECD): International organization that sets policies and produces agreements on topics needing multilateral consensus, including fair information practices guidelines.
Privacy Laws, Applications, and Court Rulings - European Union
- European Union Data Protection Directive: Protects data transferred to non-EU countries; regulations.
- European-United States Privacy Shield: Guidelines on data transfer between the U.S. and the EU (replacing the "safe harbor" framework).
- General Data Protection Regulation (GDPR): EU regulation to strengthen data protection for individuals.
Privacy and Anonymity Issues - Consumer Profiling
- Information about web users is collected through voluntary methods (website registrations, surveys, contests, social media) and through automated methods (cookies, tracking software).
Privacy and Anonymity Issues - Consumer Profiling - Criticisms
- Personal data may be gathered without consent and sold to other companies.
- Data breaches can expose sensitive information (credit card numbers, Social Security numbers) to unauthorized individuals. Identity theft can result via unauthorized access.
Privacy and Anonymity Issues - Electronic Discovery
- Electronic discovery (e-discovery): Collection, preparation, review, and production of electronically stored information for criminal or civil legal actions.
- Electronically stored information (ESI): Any digital information stored.
- Predictive coding: Software process uses human guidance with computer-based searching to aid in document review to recognize significant documents.
Privacy and Anonymity Issues - Workplace Monitoring
- Cyberloafing: Using the internet for non-work tasks.
- Employers can legally monitor employee use of company-provided devices.
- State privacy laws often favor employers over employees regarding workplace monitoring.
Privacy and Anonymity Issues - Advanced Surveillance Technology - Vehicle Event Data Recorders (EDRs)
- Device that records vehicle/occupant data before, during, and after accidents with the deploy of airbags.
- Used for accident investigation/analysis.
Privacy and Anonymity Issues - Advanced Surveillance Technology - Stalking Apps
- Software loaded on cell phones or smartphones to track location, phone calls, text messages, website visits.
- Illegal to install tracking software without permission.
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Description
This quiz explores privacy issues in information technology, focusing on the right to privacy, laws protecting personal data, and the ethical implications of consumer profiling. It also discusses e-discovery, workplace monitoring, and advanced surveillance technologies. Students will gain insights into the legal frameworks and ethical challenges surrounding privacy in the digital age.