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60-575: FTC Fair Information Practice Principles are the result of the commission's inquiry into the way in which online entities collect and use personal information and safeguards to assure that practice is fair and provides adequate information privacy protection. The FTC has been studying online privacy issues since 1995, and in its 1998 report, the Commission described the widely accepted Fair Information Practice Principles of Notice, Choice, Access, and Security . The commission also identified Enforcement ,

120-1025: A broadcasting stream is not required for an audience rating survey, additional devices are not requested to be installed in the houses of viewers or listeners, and without the necessity of their cooperations, audience ratings can be automatically performed in real-time." In the United Kingdom in 2012, the Education Secretary Michael Gove described the National Pupil Database as a "rich dataset" whose value could be "maximised" by making it more openly accessible, including to private companies. Kelly Fiveash of The Register said that this could mean "a child's school life including exam results, attendance, teacher assessments and even characteristics" could be available, with third-party organizations being responsible for anonymizing any publications themselves, rather than

180-471: A business perspective often prefer to limit FIPs to reduced elements of notice, consent, and accountability. They complain that other elements are unworkable, expensive, or inconsistent with openness or free speech principles. Some commentators argue that consumers do not have a fair say in the consent process. For example, customers provide their health information such as their social insurance number or health card number while making on-line an appointment for

240-482: A concern since voting systems emerged in ancient times. The secret ballot is the simplest and most widespread measure to ensure that political views are not known to anyone other than the voters themselves—it is nearly universal in modern democracy and considered to be a basic right of citizenship . In fact, even where other rights of privacy do not exist, this type of privacy very often does. There are several forms of voting fraud or privacy violations possible with

300-461: A dental check-up. Customers are commonly asked to sign an agreement stating that a ‘third-party may have an access to the information you provide under certain conditions.’ The certain conditions are rarely specified in any part of the agreement. Later on, the third-party may share the information with their subsidiary institutions. Thus, access to customers’ personal information is beyond their control. Information privacy Information privacy

360-605: A lesser level of data protection in the US, especially since foreigners do not benefit from the US Privacy Act of 1974 . Other countries approached for bilateral MOU included the United Kingdom, Estonia, Germany and Greece. Industry self-regulation Industry self-regulation is the process whereby members of an industry, trade or sector of the economy monitor their own adherence to legal, ethical, or safety standards, rather than have an outside, independent agency such as

420-930: A mobility database. The study further shows that these constraints hold even when the resolution of the dataset is low. Therefore, even coarse or blurred datasets provide little anonymity. People may not wish for their medical records to be revealed to others due to the confidentiality and sensitivity of what the information could reveal about their health. For example, they might be concerned that it might affect their insurance coverage or employment. Or, it may be because they would not wish for others to know about any medical or psychological conditions or treatments that would bring embarrassment upon themselves. Revealing medical data could also reveal other details about one's personal life. There are three major categories of medical privacy: informational (the degree of control over personal information), physical (the degree of physical inaccessibility to others), and psychological (the extent to which

480-651: A person's accounts or credit card numbers, that person could become the victim of fraud or identity theft . Information about a person's purchases can reveal a great deal about that person's history, such as places they have visited, whom they have contact with, products they have used, their activities and habits, or medications they have used. In some cases, corporations may use this information to target individuals with marketing customized towards those individual's personal preferences, which that person may or may not approve. As heterogeneous information systems with differing privacy rules are interconnected and information

540-494: A picture with a store as a background. Caution should be exercised when posting information online. Social networks vary in what they allow users to make private and what remains publicly accessible. Without strong security settings in place and careful attention to what remains public, a person can be profiled by searching for and collecting disparate pieces of information, leading to cases of cyberstalking or reputation damage. Cookies are used on websites so that users may allow

600-421: A powerful incentive for a pro-active self-regulation [without the necessity to assume it is to hide something]. Self-regulating attempts may well fail, due to the inherent conflict of interest in asking any organization to police itself. If the public becomes aware of this failure, an external, independent organization is often given the duty of policing them, sometimes with highly punitive measures taken against

660-542: A result, Article 25 created a legal risk to organizations which transfer personal data from Europe to the United States. The program regulates the exchange of passenger name record information between the EU and the US. According to the EU directive, personal data may only be transferred to third countries if that country provides an adequate level of protection. Some exceptions to this rule are provided, for instance when

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720-445: A third party entity or governmental regulator monitor and enforce those standards. Self-regulation may ease compliance and ownership of standards, but it can also give rise to conflicts of interest . If any organization, such as a corporation or government bureaucracy, is asked to eliminate unethical behavior within their own group, it may be in their interest in the short run to eliminate the appearance of unethical behavior, rather than

780-692: Is among the most sensitive data currently being collected. A list of potentially sensitive professional and personal information that could be inferred about an individual knowing only their mobility trace was published in 2009 by the Electronic Frontier Foundation . These include the movements of a competitor sales force, attendance of a particular church or an individual's presence in a motel, or at an abortion clinic. A recent MIT study by de Montjoye et al. showed that four spatio-temporal points, approximate places and times, are enough to uniquely identify 95% of 1.5 million people in

840-591: Is an example in the United States government, while various police departments employ an Internal Affairs division to perform a similar function. Self-regulation is the process whereby an organization is asked, or volunteers, to monitor its own adherence to legal, ethical, or safety standards, rather than have an outside, independent agency such as a governmental entity monitor and enforce those standards. Self-regulation can have an effect on specifying existing guidelines or laws in certain contexts, foremost in

900-730: Is controversial. Some websites may engage in deceptive practices such as placing cookie notices in places on the page that are not visible or only giving consumers notice that their information is being tracked but not allowing them to change their privacy settings. Apps like Instagram and Facebook collect user data for a personalized app experience; however, they track user activity on other apps, which jeopardizes users' privacy and data. By controlling how visible these cookie notices are, companies can discreetly collect data, giving them more power over consumers. As location tracking capabilities of mobile devices are advancing ( location-based services ), problems related to user privacy arise. Location data

960-578: Is enforced by the Federal Trade Commission . U.S. organizations which register with this program, having self-assessed their compliance with a number of standards, are "deemed adequate" for the purposes of Article 25. Personal information can be sent to such organizations from the EEA without the sender being in breach of Article 25 or its EU national equivalents. The Safe Harbor was approved as providing adequate protection for personal data, for

1020-439: Is not the only internet content with privacy concerns. In an age where increasing amounts of information are online, social networking sites pose additional privacy challenges. People may be tagged in photos or have valuable information exposed about themselves either by choice or unexpectedly by others, referred to as participatory surveillance . Data about location can also be accidentally published, for example, when someone posts

1080-401: Is shared, policy appliances will be required to reconcile, enforce, and monitor an increasing amount of privacy policy rules (and laws). There are two categories of technology to address privacy protection in commercial IT systems: communication and enforcement. Computer privacy can be improved through individualization . Currently security messages are designed for the "average user", i.e.

1140-619: Is the relationship between the collection and dissemination of data , technology , the public expectation of privacy , contextual information norms , and the legal and political issues surrounding them. It is also known as data privacy or data protection . Various types of personal information often come under privacy concerns. This describes the ability to control what information one reveals about oneself over cable television, and who can access that information. For example, third parties can track IP TV programs someone has watched at any given time. "The addition of any information in

1200-530: The 1974 Privacy Act . In February 2008, Jonathan Faull , the head of the EU's Commission of Home Affairs, complained about the US bilateral policy concerning PNR. The US had signed in February 2008 a memorandum of understanding (MOU) with the Czech Republic in exchange of a visa waiver scheme, without concerting before with Brussels. The tensions between Washington and Brussels are mainly caused by

1260-515: The Fair Information Practice Principles . But these have been critiqued for their insufficiency in the context of AI-enabled inferential information. On the internet many users give away a lot of information about themselves: unencrypted e-mails can be read by the administrators of an e-mail server if the connection is not encrypted (no HTTPS ), and also the internet service provider and other parties sniffing

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1320-700: The Individual Participation principle where specific requirements are made for access and modification of personally collected information by the individual and the Accountability principle (a data controller should be accountable for complying with measures which give effect to the principles stated above). The European Union Data Protection Directive is another model for comprehensive privacy protections. The FIPPs are criticized by some scholars for being less comprehensive in scope than privacy regimes in other countries, in particular in

1380-525: The Advisory Committee was the development of a code of fair information practice for automated personal data systems. The Privacy Protection Study Commission also may have contributed to the development of FIPs principles in its 1977 report, Personal Privacy in an Information Society . As privacy laws spread to other countries in Europe, international institutions took up privacy with a focus on

1440-440: The Commission would set forth a basic level of privacy protection for consumer-oriented commercial Web sites" and "would establish basic standards of practice for the collection of information online...consumer-oriented commercial Web sites that collect personal identifying information from or about consumers online... would be required to comply with the four widely-accepted fair information practices." The principles, however, form

1500-636: The European Union and other OECD countries. Additionally, the FTC's formulation of the principles has been criticized in comparison to those issued by other agencies. The FTC's 2000 version of FIPs is shorter and less complete than the privacy protection principles issued by the Privacy Office of the Department of Homeland Security in 2008, which include eight principles closely aligned with

1560-560: The European Union officially state that they are committed to upholding information privacy of individuals, but the former has caused friction between the two by failing to meet the standards of the EU's stricter laws on personal data. The negotiation of the Safe Harbor program was, in part, to address this long-running issue. Directive 95/46/EC declares in Chapter IV Article 25 that personal data may only be transferred from

1620-677: The FTC Act to enforce promises made by corporations in their privacy policies. Since self-regulatory initiatives fall short of ideal implementation of the principles (the 2000 FTC Report noted, for example, that self-regulatory initiatives lacked meaningful monitoring and enforcement policies and practices), the Commission recommends that the United States Congress enact legislation that, in conjunction with continuing self-regulatory programs, will ensure adequate protection of consumer privacy online. "The legislation recommended by

1680-507: The Fair Information Practice Principles, there must be enforcement measures. The FTC identified three types of enforcement measures: self-regulation by the information collectors or an appointed regulatory body; private remedies that give civil causes of action for individuals whose information has been misused to sue violators; and government enforcement that can include civil and criminal penalties levied by

1740-566: The OECD principles. Some in the privacy community criticize the FIPPs for being too weak, allowing too many exemptions, failing to require a privacy agency, failing to account for the weaknesses of self-regulation, and not keeping pace with information technology. Many privacy experts have called for omnibus privacy protection legislation in the US in lieu of the current blend of self-regulation and selective codification in certain sectors. Critics from

1800-535: The UK, the House of Commons Public Accounts Committee in 2015 investigated the role of large accountancy firms in relation to tax avoidance and argued that "Government needs to take a more active role in regulating the tax industry, as it evidently cannot be trusted to regulate itself". When directly self-regulating, the organization directly monitors and punishes its own members. For example, many small organizations have

1860-417: The ability to remove any member by a vote of all members. Another common form is where the organization establishes an external policing organization. This organization is established, and controlled by, the parent organization, so cannot be considered independent, however. In another form, the organization sets up a committee or division for policing the remainder of the organization. The House Ethics Committee

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1920-1100: The basis of many individual laws at both the federal and state levels—called the "sectoral approach." Examples are the Fair Credit Reporting Act , the Right to Financial Privacy Act , the Electronic Communications Privacy Act , the Video Privacy Protection Act (VPPA), and the Cable Television Protection and Competition Act . Additionally, the principles continue to serve as a model for privacy protections in newly developing areas, such as in designing Smart Grid programs. The Organisation for Economic Co-operation and Development (OECD) and European Union , among others, have adopted more comprehensive approaches to fair information practices. The OECD principles provide added protections via

1980-480: The behavior itself, by keeping any ethical breaches hidden, instead of exposing and correcting them. An exception occurs when the ethical breach is already known by the public. In that case, it could be in the group's interest to end the ethical problem to which the public has knowledge, but keep remaining breaches hidden. Another exception would occur in industry sectors with varied membership, such as international brands together with small and medium size companies where

2040-453: The brand owners would have an interest to protect the joint sector reputation by issuing together self-regulation so as to avoid smaller companies with less resources causing damage out of ignorance. Similarly, the reliability of a professional group such as lawyers and journalists could make ethical rules work satisfactorily as a self-regulation if they were a pre-condition for adherence of new members. An organization can maintain control over

2100-504: The consumer taking these affirmative steps in an 'opt-in' system, the information gatherer assumes that it cannot use the information for any other purpose. The 'opt-out' method requires consumers to affirmatively decline permission for other uses. Without the consumer taking these affirmative steps in an 'opt-out' system, the information gatherer assumes that it can use the consumer's information for other purposes. Each of these systems can be designed to allow an individual consumer to tailor

2160-663: The consumer. 4. Integrity/Security Information collectors should ensure that the data they collect is accurate and secure. They can improve the integrity of data by cross-referencing it with only reputable databases and by providing access for the consumer to verify it. Information collectors can keep their data secure by protecting against both internal and external security threats. They can limit access within their company to only necessary employees to protect against internal threats, and they can use encryption and other computer-based security systems to stop outside threats. 5. Enforcement/Redress In order to ensure that companies follow

2220-641: The controller themself can guarantee that the recipient will comply with the data protection rules. The European Commission has set up the "Working party on the Protection of Individuals with regard to the Processing of Personal Data," commonly known as the "Article 29 Working Party". The Working Party gives advice about the level of protection in the European Union and third countries. The Working Party negotiated with U.S. representatives about

2280-550: The countries in the European Economic Area to countries which provide adequate privacy protection. Historically, establishing adequacy required the creation of national laws broadly equivalent to those implemented by Directive 95/46/EU. Although there are exceptions to this blanket prohibition – for example where the disclosure to a country outside the EEA is made with the consent of the relevant individual (Article 26(1)(a)) – they are limited in practical scope. As

2340-486: The data being anonymized by the government before being handed over. An example of a data request that Gove indicated had been rejected in the past, but might be possible under an improved version of privacy regulations, was for "analysis on sexual exploitation". Information about a person's financial transactions, including the amount of assets, positions held in stocks or funds, outstanding debts, and purchases can be sensitive. If criminals gain access to information such as

2400-519: The data. The ability to control the information one reveals about oneself over the internet and who can access that information has become a growing concern. These concerns include whether email can be stored or read by third parties without consent or whether third parties can continue to track the websites that someone visited. Another concern is whether websites one visits can collect, store, and possibly share personally identifiable information about users. The advent of various search engines and

2460-594: The different uses of their personally identifiable information. Data privacy issues may arise in response to information from a wide range of sources, such as: The United States Department of Commerce created the International Safe Harbor Privacy Principles certification program in response to the 1995 Directive on Data Protection (Directive 95/46/EC) of the European Commission. Both the United States and

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2520-531: The dignity of patients, and to ensure that patients feel free to reveal complete and accurate information required for them to receive the correct treatment. To view the United States' laws on governing privacy of private health information, see HIPAA and the HITECH Act . The Australian law is the Privacy Act 1988 Australia as well as state-based health records legislation. Political privacy has been

2580-416: The doctor respects patients' cultural beliefs, inner thoughts, values, feelings, and religious practices and allows them to make personal decisions). Physicians and psychiatrists in many cultures and countries have standards for doctor–patient relationships , which include maintaining confidentiality. In some cases, the physician–patient privilege is legally protected. These practices are in place to protect

2640-522: The following: 2. Choice/Consent Choice and consent in an on-line information-gathering sense means giving consumers options to control how their data is used. Specifically, choice relates to secondary uses of information beyond the immediate needs of the information collector to complete the consumer's transaction. The two typical types of choice models are 'opt-in' or 'opt-out.' The 'opt-in' method requires that consumers affirmatively give permission for their information to be used for other purposes. Without

2700-588: The government. Currently the FTC version of the Fair Information Principles are only recommendations for maintaining privacy-friendly, consumer-oriented data collection practices, and are not enforceable by law. The enforcement of and adherence to these principles is principally performed through self-regulation. The FTC has, however, undertaken efforts to evaluate industry self-regulation practices, provides guidance for industry in developing information practices, and uses its authority under

2760-464: The information gatherer's use of the information to fit their preferences by checking boxes to grant or deny permission for specific purposes rather than using a simple "all or nothing" method. 3. Access/Participation Access as defined in the Fair Information Practice Principles includes not only a consumer's ability to view the data collected, but also to verify and contest its accuracy. This access must be inexpensive and timely in order to be useful to

2820-772: The international implications of privacy regulation. In 1980, the Council of Europe adopted a Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data . At the same time, the Organisation for Economic Cooperation and Development (OECD) proposed similar privacy guidelines in the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. The OECD Guidelines, Council of Europe Convention, and European Union Data Protection Directive relied on FIPs as core principles. All three organizations revised and extended

2880-593: The network traffic of that connection are able to know the contents. The same applies to any kind of traffic generated on the Internet, including web browsing , instant messaging , and others. In order not to give away too much personal information, e-mails can be encrypted and browsing of webpages as well as other online activities can be done traceless via anonymizers , or by open source distributed anonymizers, so-called mix networks . Well-known open-source mix nets include I2P – The Anonymous Network and Tor . Email

2940-480: The organization. The results can be disastrous, such as a military with no external, independent oversight, which may commit human rights violations against the public. Not all businesses will voluntarily meet best practice standards, leaving some users exposed. Governments may prefer to allow an industry to regulate itself but maintain a watching brief over the effectiveness of self-regulation and be willing to introduce external regulation if necessary. For example, in

3000-484: The original U.S. statement of FIPs, with the OECD Privacy Guidelines being the version most often cited in subsequent years. The core principles of privacy addressed by these principles are: 1. Notice/Awareness Consumers should be given notice of an entity's information practices before any personal information is collected from them. This requires that companies explicitly notify some or all of

3060-457: The privacy and confidentiality of human subjects in research. Privacy concerns exist wherever personally identifiable information or other sensitive information is collected, stored, used, and finally destroyed or deleted – in digital form or otherwise. Improper or non-existent disclosure control can be the root cause for privacy issues. Informed consent mechanisms including dynamic consent are important in communicating to data subjects

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3120-485: The protection of personal data, the Safe Harbor Principles were the result. Notwithstanding that approval, the self-assessment approach of the Safe Harbor remains controversial with a number of European privacy regulators and commentators. The Safe Harbor program addresses this issue in the following way: rather than a blanket law imposed on all organizations in the United States , a voluntary program

3180-568: The purposes of Article 25(6), by the European Commission on 26 July 2000. Under the Safe Harbor, adoptee organizations need to carefully consider their compliance with the onward transfer obligations , where personal data originating in the EU is transferred to the US Safe Harbor, and then onward to a third country. The alternative compliance approach of " binding corporate rules ", recommended by many EU privacy regulators, resolves this issue. In addition, any dispute arising in relation to

3240-550: The same message for everyone. Researchers have posited that individualized messages and security "nudges", crafted based on users' individual differences and personality traits, can be used for further improvements for each person's compliance with computer security and privacy. Improve privacy through data encryption By converting data into a non-readable format, encryption prevents unauthorized access. At present, common encryption technologies include AES and RSA. Use data encryption so that only users with decryption keys can access

3300-412: The standards to which they are held by successfully self-regulating. If they can keep the public from becoming aware of their internal problems, this also serves in place of a public relations campaign to repair such damage. The cost of setting up an external enforcement mechanism is avoided. If the self-regulation can avoid reputational damage and related risks to all actors in the industry, this would be

3360-596: The transfer of HR data to the US Safe Harbor must be heard by a panel of EU privacy regulators. In July 2007, a new, controversial, Passenger Name Record agreement between the US and the EU was made. A short time afterwards, the Bush administration gave exemption for the Department of Homeland Security , for the Arrival and Departure Information System (ADIS) and for the Automated Target System from

3420-469: The use of data mining created a capability for data about individuals to be collected and combined from a wide variety of sources very easily. AI facilitated creating inferential information about individuals and groups based on such enormous amounts of collected data, transforming the information economy. The FTC has provided a set of guidelines that represent widely accepted concepts concerning fair information practices in an electronic marketplace, called

3480-621: The use of a reliable mechanism to provide sanctions for noncompliance as a critical component of any governmental or self-regulatory program to protect online privacy. Fair Information Practice was initially proposed and named by the US Secretary's Advisory Committee on Automated Personal Data Systems in a 1973 report, Records, Computers and the Rights of Citizens , issued in response to the growing use of automated data systems containing information about individuals. The central contribution of

3540-519: The use of digital voting machines. The legal protection of the right to privacy in general – and of data privacy in particular – varies greatly around the world. Laws and regulations related to Privacy and Data Protection are constantly changing, it is seen as important to keep abreast of any changes in the law and to continually reassess compliance with data privacy and security regulations. Within academia, Institutional Review Boards function to assure that adequate measures are taken to ensure both

3600-575: The website to retrieve some information from the user's internet, but they usually do not mention what the data being retrieved is. In 2018, the General Data Protection Regulation (GDPR) passed a regulation that forces websites to visibly disclose to consumers their information privacy practices, referred to as cookie notices. This was issued to give consumers the choice of what information about their behavior they consent to letting websites track; however, its effectiveness

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