Health Information Practices Quiz

Questions and Answers

What is the primary focus of the Organisation for Economic Co-operation and Development (OECD) guidelines adopted on September 23, 1980?

Economic development strategies

Protection of privacy and transborder flows of personal data (correct)

Environmental sustainability practices

International trade regulations

Which government showed notable involvement and support for the OECD guidelines on privacy protection?

The Australian government

The U.S. government (correct)

The Canadian government

The Japanese government

What principle ensures that personal data recordkeeping systems are not kept secret?

Collection Limitation Principle

Reliability Principle

Purpose Specificity Principle

Transparency Principle (correct)

In what year was the report 'Records, Computers, and the Rights of Citizens' published?

1973 Signup and view all the answers

Which principle addresses the need for personal data to be accurate and complete for its intended use?

Data Quality Principle Signup and view all the answers

What distinguishes the recent OECD effort mentioned in Chapter 14 from earlier guidelines?

Its amendments made in 2013 Signup and view all the answers

What is a key topic of discussion in Jordan M. Blanke's article on the 'Safe Harbor' framework?

The European Union’s Directive on Data Protection Signup and view all the answers

What does the Use Limitation Principle entail regarding personal data?

Data must only be used for specified purposes and must not be repurposed without consent. Signup and view all the answers

According to the fair information practices, what must individuals be able to do regarding their identifiable information?

Correct or amend their record of identifiable information. Signup and view all the answers

How should personal data be collected according to the guidelines from the OECD?

By lawful and fair means, with knowledge or consent. Signup and view all the answers

What is the primary benefit of the Code of Fair Information Practices?

It ensures transparency and individual rights regarding personal data. Signup and view all the answers

What does the Purpose Specification Principle require at the time of data collection?

The specific purpose for data collection must be specified. Signup and view all the answers

What motivated the development of German privacy laws?

The potential of IT systems and prevention of past abuses Signup and view all the answers

What is required of organizations that manage identifiable personal data according to the Code of Fair Information Practices?

They must ensure the reliability of the data for its intended use. Signup and view all the answers

Which U.S. law focuses specifically on consumer credit information?

The Fair Credit Reporting Act (FCRA) Signup and view all the answers

What is generally considered personal information under U.S. privacy laws?

Information that can identify an individual Signup and view all the answers

Sensitive personal information typically has which of the following characteristics?

It requires additional privacy and security measures Signup and view all the answers

Which of the following examples would most likely be considered sensitive information in the United States?

Financial information like bank account numbers Signup and view all the answers

What is the primary focus of self-regulation in privacy protection?

Industry associations creating privacy rules Signup and view all the answers

Which of the following is NOT a component of self-regulation?

Public consensus Signup and view all the answers

What happens to data when identifying elements are removed?

It is considered nonpersonal or anonymized information Signup and view all the answers

Which statement best describes comprehensive data protection laws?

They establish broad requirements across the entire economy. Signup and view all the answers

Which type of information does NOT typically raise privacy compliance issues?

Aggregate statistical data Signup and view all the answers

How do sectoral laws differ from comprehensive laws?

They address specific market segments based on particular needs. Signup and view all the answers

What term is used to describe information that has been stripped of identifying elements?

Anonymized information Signup and view all the answers

In the context of data privacy, who can initiate enforcement actions?

Various entities including industry code enforcers and DPAs Signup and view all the answers

What is the significance of the term 'co-regulation' within privacy protection?

It denotes the collaboration between government and industry in regulation. Signup and view all the answers

What role do data protection authorities (DPAs) have in privacy enforcement?

They can initiate enforcement action against privacy violations. Signup and view all the answers

What is a common characteristic of data protection models worldwide?

Market and technology are considered alongside laws. Signup and view all the answers

What is a primary advantage mentioned about the sectoral approach to privacy regulation?

It allows for tailored regulations based on specific sector challenges. Signup and view all the answers

What concern do critics of the sectoral approach raise?

There are significant delays in legislation responding to technological change. Signup and view all the answers

Which example illustrates a gap being filled in privacy regulation?

The creation of the HITECH Act in 2009. Signup and view all the answers

How can overlaps in the sectoral approach lead to complications?

Confusion can arise from multiple regulatory bodies overseeing the same entities. Signup and view all the answers

Why might new legislation to address privacy issues face political obstacles?

Industry stakeholders may lobby against such laws. Signup and view all the answers

What are the implications of gaps in privacy regulation?

Unregulated segments may suddenly face new privacy threats. Signup and view all the answers

In the sectoral approach, what does the convergence of industries imply?

Industries may receive different legal treatment despite being similar. Signup and view all the answers

Which aspect of the sectoral approach is highlighted as problematic regarding surveillance technologies like drones?

There are no established national privacy rules governing their use. Signup and view all the answers

Study Notes

Code of Fair Information Practices

No secret personal data recordkeeping systems should exist.
Individuals must have access to their information and understand its usage.
Consent is required to use personal data for purposes other than the original intent.
Individuals must be able to correct or amend their identifiable records.
Organizations must ensure data reliability and safeguard against misuse.

OECD Guidelines (1980)

OECD published privacy principles to protect personal data and regulate transborder flows.
The guidelines have been updated and endorsed by various organizations, including the FTC.
Collection Limitation Principle: Data collection should be fair, lawful, and with consent.
Data Quality Principle: Personal data must be relevant, accurate, and up-to-date for its intended use.
Purpose Specification Principle: Data collection purposes must be defined and used solely for those purposes.

Personal vs Nonpersonal Information

Personal Information: Includes any data that identifies an individual, e.g., names, Social Security numbers, addresses.
Sensitive Personal Information: Requires stricter handling; examples include financial details and health records.
Nonpersonal Information: Data stripped of identifying features that generally falls outside privacy regulations.

Self-Regulation in Data Privacy

Self-regulation complements legal frameworks, involving legislation, enforcement, and adjudication.
Privacy policies can be defined by companies or industry associations.
Enforcement may involve various bodies, from government agencies to affected individuals.

Global Data Protection Models

Over 160 countries have established data protection laws, especially post-2000.
Models vary from comprehensive laws encompassing all sectors to sector-specific regulations like in the U.S.
Comprehensive Approach: Government-defined regulations across the economy.
Sectoral Approach: Focuses on specific markets, responding to different privacy challenges but may leave gaps in protection.

Challenges in Sectoral Approach

Sectoral models may lack a centralized data protection authority.
Gaps can occur when legislation does not align with technological advancements.
Overlaps happen when enforcement authority exists in multiple sectors, complicating compliance.
Example: HITECH Act of 2009 introduced breach notification for health record vendors outside traditional healthcare roles.

Historical Context

The Fair Credit Reporting Act of 1970 initiated the U.S.'s first national privacy law.
Historical abuses during the Nazi regime influenced Germany's stringent data protection measures.
Privacy laws often lag behind emerging technologies, creating potential risks without legislative guidance.

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Description

Test your knowledge on the Code of Fair Information Practices as outlined by the Department of Health, Education, and Welfare. This quiz covers key principles regarding personal data and recordkeeping systems. Understand your rights concerning personal information and its usage.