Chapter 6 - Privacy (PDF)

Chapter 6 – Privacy MODULE OVERVIEW Privacy can be described as imposing constraints on access to and/or use of personal information. Privacy refers to the usage of information collected about individuals and stored in databases. This module will discuss the difference between privacy and securit...

Chapter 6 – Privacy MODULE OVERVIEW Privacy can be described as imposing constraints on access to and/or use of personal information. Privacy refers to the usage of information collected about individuals and stored in databases. This module will discuss the difference between privacy and security, explain various risks to Internet privacy, and identify and understand the different key privacy and anonymity issues. MODULE LEARNING OBJECTIVES At the end of this, students are expected to: Difference between privacy and security. Explain various risks to Internet privacy. Identify and understand the different key privacy and anonymity issues. PRE-TEST 6 Answer the following questions to gauge your knowledge on the topic. 1. Do you share your personal information online? How and how often do you share these information? 2. How can technology affect one’s privacy and anonymity? 3. What are some laws in the Philippines (and in other countries/organizations) that promotes one’s data privacy? LEARNING CONTENTS (Privacy Protection and the Law) WHAT IS PRIVACY? Privacy focuses on having control and regulation over the sharing or revealing of certain data about yourself or your behavior. Privacy is often hard to return by lately because we are so connected and open with our information. Two decades ago, internet privacy would have meant ensuring your computer’s network connection was secure. Now a days, we use more internet-connected devices during a single day, including your smartphone, smart home device, smartwatch, tablet, and laptop. Much of the web today is being employed by big companies like Google, Facebook, and Amazon trying to gather people’s data for monetization and marketing purposes. Another problem experience is that not only our privacy being captured, but it’s also being given in a privacy-focused products. In many cases, when we’re given access to a free product, we pay with our data information. If we don’t want to be tracked, we often need to prefer to use paid, privacy-friendly options. 39 INFORMATION PRIVACY Information privacy is that the relationship among the gathering and circulation of information, technology, the public expectation of privacy, and therefore the legal and political issues surrounding them. It is also best-known as data privacy or data protection. Data privacy is difficult since it try to use data while securing a person's privacy preferences and personally typical information. The fields of computer security, data security, and knowledge security all design and use software, hardware, and human resources to deal with this issue. Information privacy, data privacy or data protection laws render a legal structure on the way to get, use and store data of natural persons. The various laws all over the world describe the interest of natural persons to regulate who is using its data. This includes usually the proper to urge details on which data is stored, for what intention and to request the deletion just in case the aim isn't given anymore. ✓ For all data gathered, there should be a stated purpose. ✓ Information collected from a private can't be expose to other organizations or individuals unless clearly authorized by law or by consent of the individual. ✓ Records kept on an individual should be authentic and up to date. ✓ There should be instrument for individuals to review data about them, to check accuracy. This may include periodic reporting. ✓ Data should be removed when it's not needed for the stated purpose. ✓ Transmission of private information to determine where "equivalent" personal data protection can't be confirmed is prohibited. ✓ Some data is just too sensitive to be collected, unless there are severe circumstances (e.g., sexual orientation, religion). What is Privacy Protection? Privacy protection is keeping the information you’d like to secure to yourself from getting into the custody of companies, hackers, government organizations, and some other groups. The explanation of privacy protection changes from person to person. Each person has various assumptions of privacy, therefore the level of security they want to feel that their privacy is really secure limit importantly. Advantages of Privacy Protection Protect Your Personal Data Privacy protection keeps your personal data secure from people that might want to take advantage of it. Minimizing your digital trace makes it harder for people to make advantage of your data. Stop Unwanted Solicitations Without privacy, marketers can target advertisements and other messaging at once to you. If these sorts of ads bother you, the simplest way to avoid them is to stop the marketers from getting your data. Privacy-intrusive data collection runs the web advertising industry. If you'll end the flow of information you give 40  to the marketers, they’ll not be ready to target you with ads. Protect Your Email Address If you'll keep third-parties from acquiring your email address, you'll avoid getting plenty of unwanted spam email. Willingly giving out your email leads to an intense flow of advertising messages in your inbox. Disadvantages to Privacy Protection Privacy-Focused Products Cost Money Keeping your personally distinctive data secure isn’t free. Because more mainstream services gather and exchange your data to form money, private alternatives need to adopt various business models. Free tools often collect your information, so you don’t need to pay. Privacy-friendly business models often use a subscription-based payment model. Is it Really Private? You can take all recommended step towards privacy and as to one deficiency, leak your information. It’s our viewpoint that any privacy protection is best than none, but it could be overwhelming. If you sense like your efforts aren’t being honor, it might be difficult to continue using privacy-focused products and services. Your Information Might Still Be Public If you need privacy products your data should be private. Forgetting only one aspect of protecting your privacy could let your personal information slip into an enormous database and within the hands of an online advertiser. Your Reputation May Be In Question There are some spots surrounding privacy on the web. Some people feel that the merely reason that somebody would want to hide their tracks online is because they’re performing something illegal. While this isn’t the case, it’s an hopeless condition for anyone who sees the benefits of keeping your internet activity hidden from prying eyes. PHILIPPINES – THE DATA PRIVACY ACT OR RA NO. 10173 In 2012, the Philippines passed Republic Act No. 10173 or the Data Privacy Act of 2012 (DPA) “to protect the fundamental human right to privacy of communication while ensuring free flow of information to promote innovation and growth. The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in government and in the private sector are secured and protected”. The DPA was passed in accordance with the Philippines agreements under ASEAN Vision 2020 and at the urging of the growing business process outsourcing industry. The law was 41 modeled after the Data Protection Directive (95/46/EC) with many of its terminologies and provisions like privacy laws in other jurisdictions. What acts are covered by the DPA? The DPA and its Implementing Rules and Regulations (IRR) apply to all acts done or practices engaged in and outside of the Philippines if: If the person, either an individual or an institution, involved in the processing of personal data is in the Philippines; The act or practice involves personal data of a Philippine citizen or Philippine resident; The processing of personal data is done in the Philippines; or The act, practice or processing of personal data is done by an entity with links to the Philippines, subject to international law and comity. “Personal data” refers to all types of personal information. “Processing” is any operation/s performed upon personal data. These operations include, but are not limited to the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure, or destruction of data. Who implements the DPA? The National Privacy Commission (NPC) oversees administering and implementing the DPA. It is also tasked to monitor and ensure compliance of the Philippines with international standards for personal data protection. The major functions of the NPC are as follows: Rulemaking. Advisory. The NPC is the advisory body on matters related to personal data protection. Public education. The NPC shall launch initiatives to educate the public about data privacy, data protection and fair information rights and responsibilities. Compliance and monitoring. The body has compliance and monitoring functions to ensure personal information controllers comply with the law. It is also tasked to manage the registration of personal data processing systems. Complaints and investigations. Enforcement. “Personal information controller” is an individual or institution, or any other body who controls the processing of personal data, or instructs another to process personal data on its behalf. How to comply with the Data Privacy Act? If you are a personal information controller, you must follow the following by the law: Registration of data processing systems (DPS). An individual or institution employing fewer 42 than 250 employees need not register unless its data processing operations: involves sensitive personal information of at least 1,000 individuals; likely to pose a risk to the rights and freedoms of data subjects; or the processing is not occasional. Notification of automated processing operations where the processing becomes the sole basis of making decisions about a data subject and when the decisions would significantly affect the data subject. A “data subject” is an individual whose personal, sensitive personal or privileged information is process. NOTE: No decision with legal effects concerning a data subject shall be made solely based on automated processing without the consent of the data subject. The consent may be in written, electronic or recorded form. It may be given by a lawful representative or agent. Appointment of a Data Protection Officer in charge of ensuring compliance with the DPA; Creation of a data breach response team that will at once address security incidents or personal data breach; Adoption of data protection policies that support data security measures and security incident management; Annual report of the summary of documented security incidents and personal data breaches; and Compliance with other requirements as may be provided by the NPC. LEARNING CONTENTS (Key Privacy and Anonymity Issues) PRIVACY AND ANONYMITY ISSUES Data Breaches Data breaches involving big databases of personal information have resulted in a tremendous number of identity theft occurrences. Data breaches are occasionally the result of hackers hacking into a database, but often, they are the result of negligence or a failure to follow adequate security standards. Organizations are hesitant to reveal data breaches for fear of negative publicity and consumer litigation. Victims whose personal information was compromised because of a data breach, on the other hand, need to be informed so that they can take precautionary steps. The cost of a data breach to a business is sometimes expensive. Approximately half of the value is often a result of missed business potential relating to clients whose patronage has been lost because of the occurrence. Other expenses include public-relations charges to protect the firm's reputation, as well as higher customer-service fees for information hotlines and credit monitoring services for victims. Electronic Discovery The compilation, preparation, examination, and production of electronically stored material for use in criminal and civil actions and procedures is known as electronic discovery (e-discovery). Electronically stored information (ESI) is any type of digital data, such as electronic mails, drawings, graphs, Web sites, pictures, word-processing files, sound/audio recordings, and databases, that is saved on any type of electronic storage device, such as hard drives, CDs, 43 and flash drives. Several types of ESI of a private or personal nature (e.g., personal emails) are extremely likely to be exposed throughout the e-discovery process. Traditional software increase firms as well as legal organizations have established the growing need for enhanced processes to speed up and lessen the costs associated with e- discovery. As a result, lots of companies offer e- discovery software that cater the ability to do the following: Evaluate large volumes of ESI instantly to perform early case assessments. Simplify and assign data collection from across all relevant data sources in various data formats. Choose large amounts of ESI to lessen the include documents that need to processed and reviewed. Identify all participants in an investigation to figure out who knew what and when. E-discovery increase many ethical issues: Should an organization ever plan to destroy or hide incriminating evidence that would rather be revealed during discovery? To what degree must an organization be proactive and careful in supplying evidence needed through the discovery process? Should an organization plan to hide incriminating evidence during a mountain of trivial, routine ESI? Consumer Profiling When people register on websites, take surveys, fill out forms, or take part in online competitions, companies fully collect personal information about them. Various firms also collect information on Web surfers using cookies, which are text files that are transferred to the hard disks of users who visit a website so that the website can recognize visitors on later visits. Tracking software is frequently used by businesses to allow their websites to examine surfing behavior and deduce personal interests and preferences. The use of cookies and tracking software is dubious since corporations may obtain information about customers without their knowledge. Cookies, once saved on your computer, allow a website to customize the advertising and promotions that are displayed to you. The marketer is aware of which advertisements are being seen the least and ensures that they are not shown again unless the advertiser has chosen to promote utilizing repetition. Some cookies may also monitor which other websites a person has visited, allowing advertisers to use that information to make informed estimates about the types of advertising that would be almost fascinating to the user. Consumer data privacy has evolved into a key marketing concern. Companies that are unable to safeguard or respect consumer information frequently lose business, and some become defendants in class action lawsuits arising from privacy violations. Consumer profiling opponents are also worried that confidential information is being gathered and shared with other parties without the consent of the customers who supply the information. Consumers have no means of knowing how or who is using the information once it has been gathered. Workplace Monitoring 44 There is enough data to support the idea that many workers squander significant amounts of time doing non-work-related activities. According to one recent survey, between 60% and 80% of workers' internet time is spent on non-work-related activities. According to another research, workers spend roughly four or five hours each week on personal problems on average. According to a recent poll conducted by an IT staffing business, 54% of firms reported restricting the usage of social networking to help reduce waste at work. The actual for decreased productivity and increased legal liabilities has led many employers to watch workers to make sure that corporate IT usage policies are being followed. Many firms find it necessary to record and review employee communications and activities on the job, along with phone calls, email, and Web surfing. Some are even videotaping employees on the work. In addition, some companies use random drug testing and psychological testing. With some exceptions, these progressively common (and many would say intrusive) practices are perfectly legal. Advanced Surveillance Technology Several breakthroughs in information technology, such as surveillance cameras and satellite- based systems that can detect a person's actual position, provide incredible new data- gathering capabilities. However, these advancements have the potential to reduce individual privacy and simplify the problem of how much information about people's private lives should be kept protected. Camera Surveillance Surveillance cameras are employed in major cities across the world to deter crime and terrorist activity. Critics claim that such inspection violates civil rights and are concerned about the cost of the equipment and additional persons needed to view the video feeds. Supporters of surveillance cameras provide report data indicating that the cameras are effective in preventing crime and terrorism. They can provide examples of how cameras aided in the resolution of crimes by verifying witness testimony and aiding in the identification of criminals. Vehicle Event Data Recorders A vehicle event data recorder (EDR) is a device that collects vehicle and occupant data for a few seconds before, during, and after any vehicle incident severe enough to cause the air bags to deploy. Sensors located throughout the vehicle collect and record data such as vehicle speed and acceleration, seat belt use, air bag formation, activation of any automated collision notification system, and driver actions such as brake, accelerator, and turn signal usage. The EDR cannot collect any information that might be used to identify the vehicle's driver. It also cannot identify if the motorist was under the influence of drugs or alcohol while operating the car. The fact that most automobiles now come equipped with an EDR, and that the 45  information from this device might be used as evidence in a court of law, is unknown to the public. The future capability of EDRs, as well as the extent to which their data will be used in court proceedings, remains to be seen. Stalking Apps Technology has made it possible for one individual to track the locations of another person in the shortest amount of time possible, without ever having to follow the person. Cellphone spy software, also known as a stalking application, is frequently downloaded and installed on someone's cellphone or smartphone in minutes, allowing the user to perform location tracking, record calls, view every text message or picture sent or received, and record the URLs of any internet site visited on the phone. Even when the phone is switched off, the built-in microphone is frequently triggered remotely to be used as a listening device. All information gathered by such applications is frequently transferred to the user's email account, where it may be read in real time or at a later date. Some of the most popular spy software consist of Mobile Spy, ePhone Tracker, Flexi SPY, and Mobile Nanny. There is no law that prevents a company from developing an app whose primary aim is to let one person track another, and this software is available for purchase on the internet. (Some users have said that they got virus after installing stalker applications or that the program did not work as described.) However, it is unlawful to install the software on a phone without the owner's permission. It is also unlawful to listen in on another person's phone calls without their knowledge and consent. These legal nuances, however, are not a deterrent to a persistent stalker. POST-TEST 6 1. How much do you value your privacy? 2. Why does having knowledge about Privacy is so important? 3. Do you think the web increases privacy or takes away privacy? 4. What is the best idea to protect a personal privacy while not disrupt future innovation? 5. How is privacy perceive in your culture? SUMMARY Privacy is the ability to regulate the sharing or exposing of certain facts about oneself or one's activity. Because we are so connected and open with our information, privacy is often difficult to regain. The link between the collecting and dissemination of information, technology, and the public expectation of privacy is referred to as information privacy. Data privacy is challenging since it aims to use data while safeguarding a person's privacy choices and personally identifiable information. Privacy protection is the process of preventing information that you want to keep private from falling into the hands of corporations, hackers, government agencies, and other organizations. REFERENCES 46 BOOKS/E-BOOKS: Reynolds, G.W.(2015). Ethics in Information Technology Fifth Edition. Boston: Cengage Learning. Lavina, C.G. (2015). Social, Ethical, Legal and Professional Issues in Computing with complete explanation of the Philippine. Manila: Cybercrime Laws.Mindshapers Co., Inc. E-SOURCES: Definition of privacy. (n.d.). Dictionary by Merriam-Webster: America's most-trusted online dictionary. https://www.merriam-webster.com/dictionary/privacy Know your rights. (2018, September 25). National Privacy Commission. https://www.privacy.gov.ph/know-your-rights/ (n.d.). notitle. https://www.officialgazette.gov.ph/ Privacy and human rights - Overview. (n.d.). Global Internet Liberty Campaign. https://gilc.org/privacy/survey/intro.html Privacy and information technology (Stanford encyclopedia of philosophy). (n.d.). Stanford Encyclopedia of Philosophy. https://plato.stanford.edu/entries/it- privacy/#ImpInfTecPri Privacy English definition and meaning | Lexico.com. (n.d.). Lexico Dictionaries | English. https://www.lexico.com/en/definition/privacy A summary of RA No. 10173 or the data Privacy Act of 2012. (2020, January 16). ECC International. https://eccinternational.com/ra-10173-data-privacy-summary/ What is privacy protection? [Updated for 2021]. (2021, March 25). Choose To Encrypt. https://choosetoencrypt.com/privacy/what-is-privacy-protection/ 47