Abstract:
Today, all privacy regulations around the world are based on the 50-year-old paradigm of notice and consent. It no longer works. The systems we deal with—web pages with their multiple levels of advertising, the Internet of Things, and more—are too complex; consumers have no idea what sites they are contacting nor what their privacy policies are. Privacy harms are not well-defined, especially under U.S. law. Furthermore, their privacy policies are ambiguous and confusing. Use controls—the ability for users to control how their data is used, rather than who can collect it—are more promising but pose their own challenges. I recommend research on a new privacy paradigm, and give suggestions on interim changes to today's privacy regulations until there is something new.Keywords:
Privacy software
Interim
The Privacy Nutshell briefly reviews the historical roots of privacy, and then examines each of these U.S. privacy statutes and regulations. Virtually all governments and businesses face privacy considerations as technology continues to evolve. Legal issues related to privacy are exploding on the U.S. legal scene. The EU has a long history of a strong regulatory privacy regime. The U. S., however, follows a sectoral approach to privacy, whereby Congress responds to each privacy crisis with a new statute and set of regulations. This sectoral approach has resulted in a unique series of privacy rules for different areas of society. The Privacy Nutshell is an excellent introductory guide to the legal privacy world.
Privacy software
Right to privacy
Privacy Protection
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As more information is collected, shared, and mined, the need to understand and manage information privacy has become a necessity for information professionals. Governments across the globe have enacted information privacy laws. These laws continue to evolve and the information privacy protections that have been established differ by country. A basic understanding of privacy law, information privacy approaches, and information security controls is essential for information professionals to properly manage private/personally identifiable information (PII) in differing capacities in libraries, academic institutions, corporations, hospitals, and state and federal agencies. Understanding and knowledge of applicable privacy laws and the ability to write privacy policies and procedures for the proper handling of PII are crucial skills for librarians and other information managers. Information Privacy Fundamentals for Librarians and Information Professionals is tailored to the needs of librarians and information professionals. It introduces library and information professionals to information privacy, provides an overview of information privacy in the library and information science context, U.S. privacy laws by sector, information privacy policy, and key considerations when planning and creating a privacy program.
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This article surveys and evaluates the privacy law of web applications and cloud computing. Cloud services, and web applications in particular, are subject to many different privacy law requirements. While these requirements are often perceived as ill-fitting, they can be interpreted to provide a structurally sound and coherent privacy regime. The applicable body of law can be separated into two tiers: the primary privacy law and the secondary privacy law. The primary privacy law is created by the providers and users of cloud services through privacy contracts, especially, privacy policies. The secondary privacy law, contained, for example, in statutes and regulations, is for the most part only applicable where no valid privacy contracts exist. This supremacy of privacy contracts over statutory and other secondary privacy law enables individualized privacy protection levels and commercial use of privacy rights according to the contracting parties’ individual wishes.
Privacy software
Privacy Protection
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Privacy protection legislation and policy is heavily dependent on the notion of de-identification. Repeated examples of its failure in real-world use have had little impact on the popularity of its usage in policy and legislation. In this paper we will examine some of the misconceptions that have occurred to attempt to explain why, in spite of all the evidence, we continue to rely on a technique that has been shown not to work, and further, which is purported to protect privacy when it clearly does not. With a particular focus on Australia, we shall look at how misconceptions regarding de-identification are perpetuated. We highlight that continuing to discuss the fiction of de-identified data as a form of privacy actively undermines privacy and privacy norms. Further, we note that ‘de-identification of data’ should not be presented as a form of privacy protection by policy makers, and that greater legislative protections of privacy are urgently needed given the volumes of data being collected, connected and mined.
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Privacy software
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Today, all privacy regulations around the world are based on the 50-year-old paradigm of notice and consent. It no longer works. The systems we deal with—web pages with their multiple levels of advertising, the Internet of Things, and more—are too complex; consumers have no idea what sites they are contacting nor what their privacy policies are. Privacy harms are not well-defined, especially under U.S. law. Furthermore, their privacy policies are ambiguous and confusing. Use controls—the ability for users to control how their data is used, rather than who can collect it—are more promising but pose their own challenges. I recommend research on a new privacy paradigm, and give suggestions on interim changes to today's privacy regulations until there is something new.
Privacy software
Interim
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Privacy Policies are the legal documents that describe the practices that an organization or company has adopted in the handling of the personal data of its users. But as policies are a legal document, they are often written in extensive legal jargon that is difficult to understand. Though work has been done on privacy policies but none that caters to the problem of verifying if a given privacy policy adheres to the data protection laws of a given country or state. We aim to bridge that gap by providing a framework that analyzes privacy policies in light of various data protection laws, such as the General Data Protection Regulation (GDPR). To achieve that, firstly we labeled both the privacy policies and laws. Then a correlation scheme is developed to map the contents of a privacy policy to the appropriate segments of law that a policy must conform to. Then we check the compliance of privacy policy's text with the corresponding text of the law using NLP techniques. By using such a tool, users would be better equipped to understand how their personal data is managed. For now, we have provided a mapping for the GDPR and PDPA, but other laws can easily be incorporated in the already built pipeline.
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This article examines the introduction of Google Street View in Australia, and the subsequent 'payload data' collection scandal. Through this case study we consider the privacy implications of Street View and the various regulatory discourses that have emerged around this Google service in Australia. We argue that, while privacy by design (PBD) is one of the most commonly advocated methods of privacy protection in Australia, its implementation carries a number of significant limitations. The March 2014 introduction of the Australian Privacy Principles holds some promise, but it still views privacy as a compliance issue rather than a rights issue. We suggest that the introduction of a broad statutory right to privacy could ensure fuller privacy protections for end-users of Street View and other location-based services.
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In the U.S., there is no comprehensive national law regulating the collection and use of personal information. As a response to the high level of privacy concerns among U.S. citizens and the currently limited regulations, states have enacted their own privacy laws over and above the principles of Fair Information Practices (FIP). In this exploratory study, we draw upon the privacy literature and the Restricted Access/Limited Control (RALC) theory of privacy to study the privacy concerns phenomenon with a multilevel theoretical lens. We introduce and test three novel propositions pertaining to the impact of state level privacy regulations on privacy concerns. This combines consideration of individual differences as well as state level factors in predicting individuals’ Internet privacy concerns. Overall, the results provide support for the role of state level privacy regulations in mitigating individuals’ privacy concerns. We discuss the results, theoretical contributions, policy implications, and future research. Disciplines Information Security | Management Information Systems | Privacy Law
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Privacy Protection
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This is the full text of Chapter 6 (Online Privacy) from Federal Trade Commission Privacy Law and Policy (Cambridge University Press 2016). This chapter introduces the reader to the Federal Trade Commission's (FTC) historical and modern approaches to consumer privacy law.This chapter explains basic principles of privacy law, including fair information practices, which form the building blocks of most privacy protections. It describes the cases and the landscape of FTC law on online privacy. Then it shifts to present half a dozen controversies critical to the FTC’s privacy stance: the dominance of rational choice theory approaches and their deficits, the third party problem in privacy, self-regulation in consumer protection, default choices, the consumer protection problems implicated by the rise of internet platforms, and finally, privacy by design. Other chapters in the book focus on children's privacy, spam, telemarketing, malware, financial privacy, information security, and international privacy.
Consumer privacy
Privacy software
Dominance (genetics)
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