Government Surveillance Laws and Technology

Privacy

• Privacy is a fundamental right, valuing an individual's ability to be left alone, a key aspect of a free society.
• Information privacy combines communication privacy (ability to communicate without monitoring) and data privacy (ability to control access and use of personal data by others).
• Organizations collect data about people for better decision-making, encompassing various categories such as web browsing behavior, sexual orientation, work history, driving records, educational records, financial data, medical history, location data, and police records.
• Individuals often oppose data collection policies due to loss of control over personal information.
• A balance is needed between protections and data access for business and government, requiring new laws, technological solutions and privacy policies, baseline standards, and improved communication and education.
• The collection of personal data raises ethical issues, with potential loss of privacy and monetary loss.

Objectives

• Understanding the right of privacy and its legal basis is crucial.
• Examining specific laws protecting personal data and associated ethical dilemmas is essential.
• Various consumer profiling strategies and their ethical implications should be explored.
• Understanding e-discovery and its potential use is necessary.
• The increasing use of workplace monitoring, reasons, and ethical impact need analysis.
• The capabilities of advanced surveillance technologies and the associated ethical concerns require evaluation.
• A broader perspective on privacy protection, including relevant laws and government policies, is necessary when discussing this topic.

Privacy Protection and the Law

• Many people oppose data collection practices due to diminished personal control over their information.
• Laws, technical measures, and policies need to combine to balance data collection and privacy rights.
• Access to personal information must be reasonably limited.
• Technology design should protect rather than hinder privacy.
• Companies must establish clear policies regarding privacy.
• Education and communication on privacy are important aspects.

Information Privacy

• A comprehensive definition of privacy recognizes the right to be left alone.
• Information privacy is a blend of communication privacy—freedom from monitoring—and data privacy—control over personal data.

Privacy Laws, Applications, and Court Rulings

• Topics include financial data, health information, children's personal data, electronic surveillance, fair information practices, and access to government records.

Financial Data

• Individuals must share financial data to access various products and services.
• Accessing financial products and services typically involves using login names, passwords and account numbers/PINs.
• Loss/disclosure of financial data poses a high risk.
• Understanding how companies protect financial data and ensure secure transactions is critical.
• Specific relevant laws include the Fair Credit Reporting Act (1970), the Right to Financial Privacy Act (1978), Gramm-Leach-Bliley Act (1999), and Fair and Accurate Credit Transactions Act (2003).

Health Information

• Electronic medical records and their interlinking have become widespread.
• Concerns exist about the erosion of privacy regarding health data.
• People fear intrusions into their health data by various entities such as employers, schools, and insurance firms.

Children's Personal Data

• Teens spend extensive time on electronic devices (TV, video games, social media, computers, phones, and tablets).
• Many have concerns regarding inappropriate content, online predators, harassment, data sharing, and inappropriate behaviour.
• Few laws adequately protect children online.
• Existing laws often face constitutional challenges based on the First Amendment rights to freedom of expression.

Electronic Surveillance

• Government surveillance, including electronic means, has become more common.
• New and amended laws are reacting to increased surveillance technologies, while also addressing potential terrorism risks.
• Concerns exist regarding the expansion of government surveillance, from a need-based system to broad data collection.
• The extent of surveillance activities is questioned, with some arguing they infringe on the Fourth Amendment rights (protecting from illegal search and seizure).

Fair Information Practices

• Fair information practices are guidelines governing the collection and use of personal data.
• Various organizations independently develop their own set of guidelines.
• Fair information practices form the foundation for laws related to data privacy and data protection.

Access to Government Records

• The US government possesses extensive data storage capacity.
• The Freedom of Information Act (FOIA) allows public access to government records.
• The Privacy Act prevents the government from concealing personal data record-keeping systems.

Key Privacy and Danonymity Issues

• Consumer Profiling: Companies collect personal data during registration, surveys, online interactions, and social media engagement.
• Companies employ cookies and tracking technologies to analyze browsing habits.
• Companies may collect data without explicit consent.
• These data insights can be used for custom-tailored advertisements and promotions.
• Concerns exist about data collection and usage practices.

Electronic Discovery

• Electronic discovery involves collecting, preparing, reviewing, and producing electronically stored information.
• It's a crucial phase in civil and criminal legal proceedings.
• Parties are obligated to provide the other party with relevant information through discovery processes.
• Courts play a decisive role to resolve disputes or disagreements.

Workplace Monitoring

• Cyberloafing, or using the internet for non-work purposes, is extensive and costly to businesses.
• Many organizations impose policies to regulate IT usage and prevent worker abuses.
• Policies aim to limit non-work-related activities to protect business interests and reduce workplace costs (harassment, productivity decreases).

Advanced Surveillance Technology

• Surveillance technologies, such as cameras and vehicle event data recorders, as well as apps focusing on tracking individuals, have become easier to access and use.
• Such technology makes tracking someone possible at any time, with little need for direct observation or intervention.