Privacy Flashcards

(44 cards)

1
Q

Liberalism

A

Major political ideologies of modern world
Importance it attaches to the civil and political rights of individuals
Liberals demand a substantial realm of personal freedom (speech, conscience, occupation, …)
A liberal is not a political party

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2
Q

Liberalism and privacy

A

Depends of the concept we have of the individual

No one has any clear idea what it is to mean the right to privacy

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3
Q

Privacy

A

Behavioural: where a person has been or what they have done, protecting actions
Informational: how, when, and what information is communicated to others

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4
Q

Impacts of ICTs

A

Computers make new threats possible

Freedom from intrusion, surveillance, and control of information

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5
Q

Data vs metadata

A

Data: a recording of a cellphone conversation between Y and X
Metadata: Y called X, talked for 10 mins in city C
Metadata can have more information then the data
Less restrictions on metadata

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6
Q

Uses of ICTs

A
  1. Invisibility of data gathering: unknown or confusing (satellite, cookies)
  2. Ease of secondary use: using data for purpose other then person approved (sale info to others)
  3. Linking data records: combining and comparing info from multiple databases (gov getting data from commercial sources not allowed to)
  4. Profiling: surveys, records, purchases
  5. Monitoring: real time (GPS, networks, phones)
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7
Q

Big brother

A

George Orwell where lack of privacy taken to the extreme (everything is observed) how would people act?

Initially only applied to the government
Us created 1974 privacy act

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8
Q

First gen Fair information principles

A
  • No personal data record keeping systems in gov secret
  • Individual able to find out what information is in a record and how used
  • Prevent information about them being used for another purpose without consent
  • Correct information if it is incorrect
  • Organization storing records must assure reliability of data for intended use
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9
Q

Federal legislation

A

Gov computer systems used for certain purposes and goals (law, fraud)
Canada: privacy act of 1983
Legislation normally introduced as a result of political, legal, and constitutional considerations

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10
Q

US constitution

A

Made is 1776 and amended to changes in society

Four amendment: used if privacy related legislation but the word privacy does not appear in the amendment

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11
Q

Canadian constitution

A

Repatriation in 1982
Section 8: for privacy, everyone has the right to be secure against unreasonable search and seizure
This protects people and not places
Protects the person that owns the device
Privacy protection restricted to information which is personal and confidential and serves to promote the individuals dignity

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12
Q

Pipedas fair information principles

A
  1. Accountability
  2. Identifying purposes
  3. Consent
  4. Limiting collection
  5. Limiting use, disclose, and retention
  6. Accuracy
  7. Safeguards
  8. Openess
  9. Individual access
  10. Challenging compliance
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13
Q
  1. Accountability
A

Orgainisation is responsible for information that is under its control and should have someone accountable

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14
Q
  1. Indentifying purposes
A

Purposes for which personal information is collected shall be identified by the organization at or before collection

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15
Q
  1. Consent
A

The knowledge and consent of the individual are required for collection, use, or disclosure of personal information except where inappropriate

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16
Q
  1. Limiting collection
A

Collection of personal information shall be limited to that which is necessary for the purposes identified by the organization. Collected by fair and lawful means

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17
Q
  1. Limiting use, disclosure, and retention
A

Personal info shall not be used or disclosed for purposes other than those for which it was collected execpt with consent of the individual or as required by law. Info retained only as long as necessary

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18
Q
  1. Accuracy
A

Personal info shall be accurate, complete, and up to date for purposes used

19
Q
  1. Safeguards
A

Personal info shall be protected by security safeguards appropriate to the sensitivity of the information

20
Q
  1. Openness
A

Make readily available to individuals specific info about its policies and practices relating to management of personal info

21
Q
  1. Individual access
A

Upon request, individual shall be informed of the existence, use, and disclosyre of personal info and shall be given access to the info. An individual shall be able to challenge accuracy of info and have it amended

22
Q
  1. Challenging compliance
A

An individual shall be able to address a challenge concering compliance with the above principles

23
Q

Second gen privacy laws for ICTs

A
Eight principles 
Collection limitation
Data quality 
Purpose specification
Use limitation
Security safeguards
Openness
Individual participation 
Accountability
24
Q

Pipeda

A

Applies to commercial organization (businesses)
If business want to collect use or disclose personal info needs consent
First canada wide legislation to require fair information principles to be followed
Limited to commercial entities

25
Pipa (personal information privacy act)
Introduced in bc in 2003 Applies to commercial organizations and private sector organizations (churches, stratas, charites) Applies to private sector organizations
26
Fippa (freedom of information and personal privacy act)
Public sector organizations with governance under BC statues (Provincial gov ministries, universites, schools, hospitals, municipalities) Introduced along side pipa
27
Privacy commissioner
Pipeda: office of the privacy commissioner of canada (opc) Pipa, fippa: office of information privacy commissioner of bc (oipc) Advocate best practice in privacy Educate organizations Deal with complaints from individuals
28
Complaints
Office staff examine the complaint to find ir well founded or not Early resolution: admitted problem and change Discontinued Settled Well-founded: go to federal court (worst case) No jurisdiction
29
General data protection regulation (GDPR)
Into force in EU in 2018 Replaced EU privacy directive from 1995 Goals: protect data in EU, strengthen privacy rights, natural persons given control over data, rights enforced Gives direction for individual EU nations Affects businesses anywhere in world collecting or holding PI on EU citizens
30
GDPR protection
Protects name, address, phone, bank, email, ip address, cookies, biometric data If in repository, has some structure, with some manual labour (sorting) Ex)paper filling cabinet sorted Need consent, transparency in collection and use, right to modify Focus in natural persons Right to be forgotten Right to data portability Right to restriction of processing Right to explanation~ AI decisions Relatively technology neutral More modern privacy
31
Data subject
An individual resident of EU whose personal data are protected “natural person”
32
Data controller
An institution business or person processing personal data
33
Data processor
``` A subject (company) processing data in behalf of the controller Could be company storing data on cloud or customer relationship management app ```
34
Data collector
Both a controller and a processor
35
Data protection officer
A person appointed by data controller responsible for overseeing data protection
36
Data authorities
Public institution monitoring implementation of regulations in EU country
37
Third parties
A person or entity under authority of the collector authorized to process personal data
38
Recipient
Any person to whom personal data is disclosed
39
CCPA california consumer privacy act 2020
Similar to GDPR Individual people can now sue for violations Has more detail about what is personal data Have to tell who data was shared with
40
CPPA consumer privacy protection act bill C11
Intented to repeal pipeda New way to deal with complaints Revised requirements for obtaining consent, more rights over own data, algorithmic transparency: right to explanation Bill not passed due to election in 2021
41
Privacy as a human right
Universal declaration of human rights ~ interference with privacy, family, home, or correspondence, nor attacks upon honour and reputation Legal right ~ granted by legal statue Right~ aspirational or object of political action Human rights are really strong ethical pronoucements as to what should be done
42
Perspectives of privacy
Privacy as secrecy: concealing info about onesself Privacy as control over personal information: protect all info want to retain control Privacy as personhood: 1. Respect for persons as choosers 2. Not determined by what is “normal” Privacy as intimacy: sharing of intimate info
43
Free market view
Parties of a transaction viewed as having equal standing Truth in information gathering enforced by the market String reliance in contracts Facts can be disclosed if not violate other rights
44
Consumer protection view
Comsumers have little power to negotiate with corporation Consent needed in business transactions better then those required by law Self regulation by business often does not work so some protect for the consumer