Social and Professional Issues Quiz: Privacy

Course Manual: Social and Professional Issues

• This course examines the social impact, implications, and effects of computers, along with the responsibilities of computing professionals in the area of Information Systems.
• Topics covered include: a history of computing, computer applications, computing professions, legal and ethical responsibilities of professionals, and career prospects in computing.

Table of Contents - Social and Professional Issues

• Topic 1: Orientation
• Topic 2: Overview of Ethics
• Topic 3: Ethics for IT Workers and Users
• Topic 4: Cyberattacks and Cybersecurity
• Topic 5: Privacy
• Topic 6: Freedom of Expression
• Topic 7: Intellectual Property
• Topic 8: Ethical Decision in Systems Development
• Topic 9: Impact of Information Technology on Society
• Topic 10: Social Media
• Topic 11: Ethics of IT Organizations

Lesson 5: Privacy

• Learning Outcomes:
  • Understand personal privacy rights and their legal basis.
  • Identify laws protecting personal data privacy and associated ethical issues.
  • Analyze consumer profiling strategies and associated ethical concerns.
  • Define and utilize E-Discovery.
  • Examine increasing workplace monitoring practices.
  • Evaluate the capabilities and ethical implications of advanced surveillance technologies.

Privacy - Learning Objectives

• Part 1:
  • Define the right to privacy and its legal basis.
  • Understand laws protecting personal data and associated ethical concerns.
  • Identify consumer profiling strategies and ethical considerations.
• Part 2:
  • Define and describe e-discovery and its applications.
  • Explain the reasons and methods behind increasing workplace monitoring.
  • Evaluate advanced surveillance technologies and ethical concerns.

Privacy Protection and the Law

• Bill of Rights: The first ten amendments to the Constitution guarantee specific individual freedoms and rights.
• Fourth Amendment: Protects individuals from unreasonable searches and seizures, requiring probable cause and search warrants. Americans are protected when there is a "reasonable expectation of privacy."

Information Privacy

• Right of Privacy: The right to be left alone.
• Information Privacy: Combines communication privacy (ability to communicate without monitoring) and data privacy (ability to control access to one's personal data).

Privacy Laws (Financial Data, Part 1-3)

• Fair Credit Reporting Act: Regulates credit reporting bureaus.
• Right to Financial Privacy Act: Protects financial records from unauthorized scrutiny.
• Gramm-Leach-Bliley Act (GLBA): Bank deregulation law; involves personal privacy rules (financial privacy rule, opt out, opt in, safeguards, pretexting rule).
• Fair and Accurate Credit Transactions Act: Consumers can obtain free credit reports annually.

Privacy Laws (Health Information)

• Health Insurance Portability and Accountability Act (HIPAA): Improves portability, reduces fraud/abuse, and simplifies administration of health insurance for patients.
• American Recovery and Reinvestment Act: Includes provisions on electronic health records (EHRs), forbidding their sale and promoting audit trails and encryption for patient protection.

Privacy Laws (Children’s Personal Data)

• Family Educational Rights and Privacy Act (FERPA): Gives parents rights concerning their children’s educational records (access, demand disclosure, amendments, complaints).
• Children’s Online Privacy Protection Act (COPPA): Protects children's online privacy.

Privacy Laws (Electronic Surveillance-Timeline)

• Title III of the Omnibus Crime Control and Safe Streets Act (Wiretap Act): Regulates wire and oral communication interceptions.
• Foreign Intelligence Surveillance Act (FISA): Describes procedures for electronic surveillance and foreign intelligence collection.
• FISA Court: A court established to handle FISA applications and electronic surveillance approvals.
• Executive Order 12333: Identifies U.S. intelligence-gathering agencies and their data collection, retention, and dissemination procedures.

Privacy Laws (Electronic Surveillance - Parts 4-9)

• Electronic Communications Privacy Act (ECPA): Addresses protection of communications during transfer and in electronic storage, including prohibitions on recording dialing, routing, addressing, and signaling data without a warrant.

• National Security Letters (NSL): FBI-issued letters to Internet Service Providers (ISPs) directing them to provide data/records on subscribers without judicial review.

• Communications Assistance for Law Enforcement Act (CALEA): Requires the telecommunications industry to build tools for federal investigators to intercept communications after court orders.

• USA PATRIOT Act: Increased domestic law enforcement and U.S. intelligence agencies' abilities to search telephone, email, medical, financial and other records.

• Foreign Intelligence Surveillance Act Amendments Act (2004): Authorizes intelligence gathering on individuals not affiliated with a known terrorist organization.

• Foreign Intelligence Surveillance Act Amendments Act (2008): Granted NSA expanded authority for collecting international communications.

• PATRIOT Sunsets Extension Act of 2011: Extended authorized intelligence gathering on "lone wolves" and searches for business records.

• USA Freedom Act (2015): Amended previously existing laws regarding collection and usage of data.

Privacy Laws (Fair Information Practices)

• The OECD's fair information practices guidelines are considered a model for how organizations should treat consumer data (principles include collection, data quality, purpose specification, use limitation, security safeguards, openness principle, individual participation, and accountability).
• European Union Data Protection Directive: Ensures data transferred to non-EU countries is safe.
• General Data Protection Regulation (GDPR): EU regulations strengthening data protection from non-EU countries.

Summary of Key Topics

• Key information about access to government records, including FOIA, and the protection of personal data in different contexts. Various privacy laws and their implications are examined.
• Privacy concerns with different strategies for profiling consumers, and companies employing these strategies. Data breaches, identity theft, ethical concerns, and relevant legal implications are discussed.
• Analyses of surveillance technologies, their capabilities, and associated ethical issues in the workplace and other areas.
• Overview of electronic discovery (e-discovery) methods and uses in different contexts.