Legal Issues in Information Security - Chapter 2 Privacy Laws PDF

Here is an extensive study guide on privacy, drawing on the provided source: Privacy and Information Security Privacy is an individual's right to control their personal data, including how it is collected, used, stored, and shared. Information security, on the other hand, focuses...

Here is an extensive study guide on privacy, drawing on the provided source: Privacy and Information Security Privacy is an individual's right to control their personal data, including how it is collected, used, stored, and shared. Information security, on the other hand, focuses on protecting data from unauthorized access and disclosure. Privacy and information security are related but distinct concepts. Information security is essential for maintaining privacy, but secure information is not necessarily private. Privacy cannot exist without security. Sources of Privacy Law The right to privacy is widely considered a fundamental human right, but there is no single, comprehensive data privacy law in the United States. Instead, U.S. privacy laws are sector-specific, meaning they regulate the handling of personal information in specific industries like healthcare, finance, and education. Sources of privacy law in the United States include: ○ Constitutional Law: While the U.S. Constitution does not explicitly mention "privacy," the Supreme Court has interpreted several amendments, including the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments, to establish a constitutional right to privacy. These amendments, particularly the Fourth Amendment, guarantee protection against unreasonable government intrusion and surveillance. Key Supreme Court cases that have shaped the right to privacy include: Wheaten v. Peters (1834) recognized a person's interest in being "let alone." Griswold v. Connecticut (1965) established the right to privacy as a fundamental right implied in the Constitution. Katz v. United States (1967) recognized an individual's "reasonable expectation of privacy," even in public spaces. Whalen v. Roe (1977) acknowledged the right to "informational privacy," emphasizing the importance of controlling one's personal information. ○ Federal Law: Various federal laws address data privacy in specific sectors, such as: Freedom of Information Act (FOIA) (1966) grants the public the right to access information from federal agencies. Privacy Act (1974) governs the collection, use, and disclosure of personally identifiable information (PII) by federal agencies. E-Government Act (2002) mandates the use of privacy-protective information technologies by the federal government. Electronic Communications Privacy Act (ECPA) (1986) regulates access to electronic communications like emails and phone calls. Wiretap Act forbids eavesdropping on communications without a court order. Stored Communications Act allows employers that provide electronic communication services to access stored messages. Census Confidentiality (1952) mandates the Census Bureau to protect census responses. Cable Communications Policy Act (1984) requires cable companies to provide annual privacy notices and obtain consent before using customer data. Driver's Privacy Protection Act (1994) safeguards personal information in motor vehicle records. ○ State Law: Several states have incorporated a right to privacy in their constitutions, offering explicit privacy guarantees to their residents. States like California have been at the forefront of enacting privacy laws. All states have data breach notification laws, requiring organizations to inform residents if their personal information is compromised in a security breach. States also have sector-specific privacy laws protecting financial, health, and motor vehicle information. ○ Common Law: Common law, based on legal tradition and court decisions, has long recognized privacy torts, which are civil wrongs that harm a person's privacy. Four key privacy torts include:  Intrusion into Seclusion: Invading someone's private space, physically or electronically. Portrayal in a False Light: Publishing private information, even if true, in a way that creates a false and offensive impression. Appropriation of Likeness or Identity: Using someone's name or likeness for commercial gain without their consent. Public Disclosure of Private Facts: Sharing embarrassing and truly private facts that a reasonable person would find offensive. ○ Voluntary Agreements: While not legally binding, fair information practice principles (FIPPs), such as those outlined by the Organization for Economic Co-operation and Development (OECD), provide a framework for organizations to handle personal data responsibly and transparently. Organizations can demonstrate their commitment to privacy by participating in seal programs like WebTrust, TRUSTe, and the Better Business Bureau, which verify compliance with recognized privacy practices. Threats to Personal Data Privacy in the Information Age The rapid advancement of technology presents significant challenges to personal data privacy. Individuals often have limited control over how their data is collected, used, and shared in the digital realm. Technology-Based Privacy Concerns: ○ Spyware: Malware that secretly collects personal information and transmits it to unauthorized third parties. ○ Adware: Software that displays advertisements, some of which can be targeted based on user information collected through spyware. ○ Cookies: Small text files stored on a user's computer by websites to track their browsing activity. First-party cookies are created by the website being visited. Third-party cookies are placed by advertising companies to track users across multiple websites. ○ Web beacons: Invisible electronic files that monitor website traffic and user behavior.  ○ Clickstream data: Information about a user's browsing path, such as the order of pages visited and links clicked. ○ Online profiling: The practice of compiling data from a user's online activities to create a profile of their habits and preferences. This information can be used for targeted advertising, displaying ads tailored to a user's specific interests. ○ Wireless Technologies: Radio Frequency Identification (RFID): Technology using radio waves to identify and track tagged objects. RFID tags can be used to track pets, inventory, people, and travel patterns. Concerns include unauthorized access to information stored on RFID tags and the potential for tracking individuals' movements without their knowledge or consent. Bluetooth: Short-range wireless communication technology that enables devices to connect and exchange data. Concerns include information tracking, potential data exposure, and vulnerability to hacking due to the visibility of Bluetooth connections. Near Field Communication (NFC): Very short-range wireless technology used for tasks like mobile payments, with less risk of information exposure due to the close proximity required for communication. Global Positioning System (GPS): Technology that provides precise location tracking. Concerns include potential for constant monitoring of individuals' movements through GPS-enabled devices like cell phones and cars. ○ Security Breaches: A security breach occurs when security measures fail, resulting in the unauthorized disclosure of personal information. Security breaches pose a significant threat to privacy, as they can expose large amounts of personal data to misuse, potentially leading to identity theft and fraud. People-Based Privacy Concerns: ○ Phishing: A type of internet fraud where attackers try to trick people into revealing personal information, often through deceptive emails. ○ Social engineering: Manipulating people into divulging confidential information.  ○ Shoulder surfing: Observing someone entering sensitive information, such as passwords or credit card numbers. ○ Dumpster diving: Searching through trash to find discarded documents containing personal information. ○ Social Networking Sites: While social networking sites offer valuable platforms for connection and communication, they also present privacy risks. Information (over) sharing: Users often post large amounts of personal information on social networks, increasing their vulnerability to privacy violations and risks like stalking and identity theft. Security: Weak privacy settings or misunderstanding of privacy controls can lead to unintended data exposure. The Cambridge Analytica scandal highlighted the complex privacy implications of social media platforms, data sharing with third-party apps, and the potential for misuse of personal information for political purposes. ○ Online Data Gathering: The vast amount of personal data available online makes it easy to find information about individuals, which can be used for legitimate purposes but also for harassment or identity theft. Workplace Privacy: ○ Workplace privacy refers to privacy issues in the context of employment. ○ In the United States, employees generally have limited privacy expectations in the workplace. ○ Employers are often allowed to monitor their employees' activities, including telephone conversations, emails, computer use, and even video surveillance, for legitimate business reasons. However, there are some legal limitations and considerations, particularly regarding employee consent, notification, and restrictions on monitoring in private areas like restrooms. General Principles for Privacy Protection in Information Systems Organizations need to prioritize data privacy throughout the entire data life cycle: collection, use, storage, retention, and destruction.  Privacy policies are essential to inform customers about data collection practices and the organization's commitment to protecting personal information. Key principles for privacy protection include: ○ Data Minimization: Only collecting necessary data. ○ Data Quality: Ensuring data accuracy. ○ Purpose Specification: Stating the intended use of data. ○ Use Limitation: Using data only for the stated purpose. ○ Security Safeguards: Protecting data from unauthorized access. ○ Openness (Transparency): Informing individuals about data collection practices. ○ Individual Participation: Granting individuals access to their data and the ability to correct inaccuracies. ○ Accountability: Ensuring compliance with privacy principles. International Privacy Laws The European Union's General Data Protection Regulation (GDPR) is a landmark data privacy law that sets a high standard for protecting the personal data of EU residents, regardless of the location of the organization processing the data. The GDPR has a global reach and includes key provisions like: ○ Data subject rights, including the right to access, rectification, erasure ("right to be forgotten"), and data portability. ○ Requirements for data protection by design and default. ○ Mandatory data breach notification. ○ Significant penalties for non-compliance. This study guide should help you understand privacy in the Information Age.