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91-478: An order that PII applies would usually be sought by the British government to protect official secrets , and so can be perceived as a gagging order . Where a minister believes that PII applies, he signs a PII certificate, which then allows the court to make the final decision on whether the balance of public interest was in favour of disclosure or not. Generally, a court will allow a claim of PII without inspecting

182-572: A threat model that is broadly similar to that faced by a large private company. The Official Sensitive classification replaced the Restricted classification in April 2014 in the UK; Official indicates the previously used Unclassified marking. Unclassified is technically not a classification level. Though this is a feature of some classification schemes, used for government documents that do not merit

273-434: A "state secret" and accords different levels of protection based on the expected damage the information might cause in the wrong hands. However, classified information is frequently "leaked" to reporters by officials for political purposes. Several U.S. presidents have leaked sensitive information to influence public opinion. Although the classification systems vary from country to country, most have levels corresponding to

364-516: A PII certificate since the 1995 Tomlinson case, and have thus been subject to court scrutiny for investigations such as the inquest into the death of the Princess of Wales, and allegations that their officers partook in torture. Official secret Classified information is material that a government body deems to be sensitive information that must be protected. Access is restricted by law or regulation to particular groups of people with

455-401: A change from the previous rule, under which documents could have their classification time length renewed indefinitely, effectively shuttering state secrets from the public. The 2011 law applies retroactively to existing documents. The government of Canada employs two main types of sensitive information designation: Classified and Protected. The access and protection of both types of information

546-504: A classification in public sectors, such as commercial industries. Such a level is also known as " Private Information". Official (equivalent to US DOD classification Controlled Unclassified Information or CUI) material forms the generality of government business, public service delivery and commercial activity. This includes a diverse range of information, of varying sensitivities, and with differing consequences resulting from compromise or loss. Official information must be secured against

637-545: A company that monetizes data related to a user's location. Other international cases are similar to the Accuweather case. In 2017, a leaky API inside the McDelivery App exposed private data, which consisted of home addresses, of 2.2 million users. In the wake of these types of scandals, many large American technology companies such as Google, Apple, and Facebook have been subjected to hearings and pressure under

728-435: A desire to protect trade secrets , or because of laws and regulations governing various matters such as personal privacy , sealed legal proceedings and the timing of financial information releases. With the passage of time much classified information can become less sensitive, and may be declassified and made public. Since the late twentieth century there has been freedom of information legislation in some countries, whereby

819-402: A government agency or group shares information between an agency or group of other country's government they will generally employ a special classification scheme that both parties have previously agreed to honour. For example, the marking Atomal, is applied to U.S. Restricted Data or Formerly Restricted Data and United Kingdom Atomic information that has been released to NATO. Atomal information

910-423: 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 confer little privacy protection. Several methods to protect user privacy in location-based services have been proposed, including the use of anonymizing servers and blurring of information. Methods to quantify privacy have also been proposed, to calculate

1001-480: A much greater volume and degree of harassment than would otherwise be possible. Revenge porn may lead to misogynist or homophobic harassment, such as in the suicide of Amanda Todd and the suicide of Tyler Clementi . When someone's physical location or other sensitive information is leaked over the Internet via doxxing , harassment may escalate to direct physical harm such as stalking or swatting . Despite

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1092-461: A need by many candidates to control various online privacy settings in addition to controlling their online reputations, the conjunction of which has led to legal suits against both social media sites and US employers. Selfies are popular today. A search for photos with the hashtag #selfie retrieves over 23 million results on Instagram and 51 million with the hashtag #me. However, due to modern corporate and governmental surveillance, this may pose

1183-494: A particular classification or which have been declassified. This is because the information is low-impact, and therefore does not require any special protection, such as vetting of personnel. A plethora of pseudo-classifications exist under this category. Clearance is a general classification, that comprises a variety of rules controlling the level of permission required to view some classified information, and how it must be stored, transmitted, and destroyed. Additionally, access

1274-547: A person, organization, or agency". Secret material would cause "serious damage" to national security if it were publicly available. In the United States, operational "Secret" information can be marked with an additional "LimDis", to limit distribution. Confidential material would cause "damage" or be prejudicial to national security if publicly available. Restricted material would cause "undesirable effects" if publicly available. Some countries do not have such

1365-472: A prisoner had no choice but to conform to the prison's rules. As technology has advanced, the way in which privacy is protected and violated has changed with it. In the case of some technologies, such as the printing press or the Internet , the increased ability to share information can lead to new ways in which privacy can be breached. It is generally agreed that the first publication advocating privacy in

1456-519: A risk to privacy. In a research study which takes a sample size of 3763, researchers found that for users posting selfies on social media, women generally have greater concerns over privacy than men, and that users' privacy concerns inversely predict their selfie behavior and activity. An invasion of someone's privacy may be widely and quickly disseminated over the Internet. When social media sites and other online communities fail to invest in content moderation , an invasion of privacy can expose people to

1547-400: A routine level of protection and is treated as OFFICIAL. Information that does not form part of official duty is treated as UNOFFICIAL. OFFICIAL and UNOFFICIAL are not security classifications and are not mandatory markings. Caveats are a warning that the information has special protections in addition to those indicated by the security classification of PROTECTED or higher (or in the case of

1638-566: A warrant to arrest Timothy Ivory Carpenter on multiple charges, and the Supreme Court ruled that the warrantless search of cell phone records violated the Fourth Amendment, citing that the Fourth Amendment protects "reasonable expectations of privacy" and that information sent to third parties still falls under data that can be included under "reasonable expectations of privacy". Beyond law enforcement, many interactions between

1729-545: Is an acronym for "Control of Secret Material in an International Command". Most countries employ some sort of classification system for certain government information. For example, in Canada , information that the U.S. would classify SBU (Sensitive but Unclassified) is called "protected" and further subcategorised into levels A, B, and C. On 19 July 2011, the National Security (NS) classification marking scheme and

1820-424: Is based on an impact assessment; governments have their own criteria, including how to determine the classification of an information asset and rules on how to protect information classified at each level. This process often includes security clearances for personnel handling the information. Some corporations and non-government organizations also assign levels of protection to their private information, either from

1911-540: Is derived from the Latin word and concept of ‘ privatus ’, which referred to things set apart from what is public; personal and belonging to oneself, and not to the state. Literally, ‘ privatus ’ is the past participle of the Latin verb ‘ privere ’ meaning ‘to be deprived of’. The concept of privacy has been explored and discussed by numerous philosophers throughout history. Privacy has historical roots in ancient Greek philosophical discussions. The most well-known of these

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2002-665: Is desired that no document be released which refers to experiments with humans and might have adverse effect on public opinion or result in legal suits. Documents covering such work field should be classified "secret". April 17, 1947 Atomic Energy Commission memo from Colonel O.G. Haywood, Jr. to Dr. Fidler at the Oak Ridge Laboratory in Tennessee. As of 2010 , Executive Order 13526 bans classification of documents simply to "conceal violations of law, inefficiency, or administrative error" or "prevent embarrassment to

2093-788: Is exacerbated by deanonymization research indicating that personal traits such as sexual orientation, race, religious and political views, personality, or intelligence can be inferred based on a wide variety of digital footprints , such as samples of text, browsing logs, or Facebook Likes. Intrusions of social media privacy are known to affect employment in the United States. Microsoft reports that 75 percent of U.S. recruiters and human-resource professionals now do online research about candidates, often using information provided by search engines, social-networking sites, photo/video-sharing sites, personal web sites and blogs, and Twitter . They also report that 70 percent of U.S. recruiters have rejected candidates based on internet information. This has created

2184-555: Is governed by the Security of Information Act , effective 24 December 2001, replacing the Official Secrets Act 1981 . To access the information, a person must have the appropriate security clearance and the need to know. In addition, the caveat "Canadian Eyes Only" is used to restrict access to Classified or Protected information only to Canadian citizens with the appropriate security clearance and need to know. SOI

2275-476: Is marked COSMIC Top Secret Atomal (CTSA), NATO Secret Atomal (NSAT), or NATO Confidential Atomal (NCA). BALK and BOHEMIA are also used. For example, sensitive information shared amongst NATO allies has four levels of security classification; from most to least classified: A special case exists with regard to NATO Unclassified (NU) information. Documents with this marking are NATO property ( copyright ) and must not be made public without NATO permission. COSMIC

2366-541: Is not a classification of data per se . It is defined under the Security of Information Act , and unauthorised release of such information constitutes a higher breach of trust, with a penalty of up to life imprisonment if the information is shared with a foreign entity or terrorist group. SOIs include: Classified information can be designated Top Secret , Secret or Confidential . These classifications are only used on matters of national interest. Protected information

2457-563: Is not classified. It pertains to any sensitive information that does not relate to national security and cannot be disclosed under the access and privacy legislation because of the potential injury to particular public or private interests. Federal Cabinet ( King's Privy Council for Canada ) papers are either protected (e.g., overhead slides prepared to make presentations to Cabinet) or classified (e.g., draft legislation, certain memos). Personal privacy Privacy ( UK : / ˈ p r ɪ v ə s i / , US : / ˈ p r aɪ -/ )

2548-421: Is restricted on a " need to know " basis. Simply possessing a clearance does not automatically authorize the individual to view all material classified at that level or below that level. The individual must present a legitimate "need to know" in addition to the proper level of clearance. In addition to the general risk-based classification levels, additional compartmented constraints on access exist, such as ( in

2639-670: Is the civil law . Privacy in Canada was first addressed through the Privacy Act , a 1985 piece of legislation applicable to personal information held by government institutions. The provinces and territories would later follow suit with their own legislation. Generally, the purposes of said legislation are to provide individuals rights to access personal information; to have inaccurate personal information corrected; and to prevent unauthorized collection, use, and disclosure of personal information. In terms of regulating personal information in

2730-430: Is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security , which can include the concepts of appropriate use and protection of information. Privacy may also take the form of bodily integrity . Throughout history, there have been various conceptions of privacy. Most cultures acknowledge

2821-475: The Access to Information Act : ultrassecreto (top secret), secreto (secret) and reservado (restricted). A top secret ( ultrassecreto ) government-issued document may be classified for a period of 25 years, which may be extended up to another 25 years. Thus, no document remains classified for more than 50 years. This is mandated by the 2011 Information Access Law ( Lei de Acesso à Informação ),

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2912-556: The Asia-Pacific Economic Cooperation is a privacy protection agreement for the members of that organization. Approaches to privacy can, broadly, be divided into two categories: free market or consumer protection . One example of the free market approach is to be found in the voluntary OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. The principles reflected in

3003-664: The Constitution of South Africa says that "everyone has a right to privacy"; and the Constitution of the Republic of Korea says "the privacy of no citizen shall be infringed." The Italian Constitution also defines the right to privacy. Among most countries whose constitutions do not explicitly describe privacy rights, court decisions have interpreted their constitutions to intend to give privacy rights. Many countries have broad privacy laws outside their constitutions, including Australia's Privacy Act 1988 , Argentina's Law for

3094-614: The Cyber Civil Rights Initiative and the Electronic Frontier Foundation argue that addressing the new privacy harms introduced by the Internet requires both technological improvements to encryption and anonymity as well as societal efforts such as legal regulations to restrict corporate and government power. While the Internet began as a government and academic effort up through the 1980s, private corporations began to enclose

3185-507: The Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 made a distinction between collecting the contents of messages sent between users and the metadata surrounding those messages. Most countries give citizens rights to privacy in their constitutions. Representative examples of this include the Constitution of Brazil , which says "the privacy, private life, honor and image of people are inviolable";

3276-413: The subverted expectations of users who share information online without expecting it to be stored and retained indefinitely. Phenomena such as revenge porn and deepfakes are not merely individual because they require both the ability to obtain images without someone's consent as well as the social and economic infrastructure to disseminate that content widely. Therefore, privacy advocacy groups such as

3367-561: The Australian Government via the Privacy Amendment (Enhancing Privacy Protection) Bill 2012. In 2015, the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 was passed, to some controversy over its human rights implications and the role of media. Canada is a federal state whose provinces and territories abide by the common law save the province of Quebec whose legal tradition

3458-504: The NATIONAL CABINET caveat, OFFICIAL: Sensitive or higher). Australia has four caveats: Codewords are primarily used within the national security community. Each codeword identifies a special need-to-know compartment . Foreign government markings are applied to information created by Australian agencies from foreign source information. Foreign government marking caveats require protection at least equivalent to that required by

3549-772: The Non-National Security (NNS) classification marking scheme in Australia was unified into one structure. As of 2018, the policy detailing how Australian government entities handle classified information is defined in the Protective Security Policy Framework (PSPF). The PSPF is published by the Attorney-General's Department and covers security governance, information security , personal security, and physical security .  A security classification can be applied to

3640-684: The Office of the Privacy Commissioner and Canadian academics. In the absence of a statutory private right of action absent an OPC investigation, the common law torts of intrusion upon seclusion and public disclosure of private facts, as well as the Civil Code of Quebec may be brought for an infringement or violation of privacy. Privacy is also protected under ss. 7 and 8 of the Canadian Charter of Rights and Freedoms which

3731-749: The Protection of Personal Data of 2000, Canada's 2000 Personal Information Protection and Electronic Documents Act , and Japan's 2003 Personal Information Protection Law. Beyond national privacy laws, there are international privacy agreements. The United Nations Universal Declaration of Human Rights says "No one shall be subjected to arbitrary interference with [their] privacy, family, home or correspondence, nor to attacks upon [their] honor and reputation." The Organisation for Economic Co-operation and Development published its Privacy Guidelines in 1980. The European Union's 1995 Data Protection Directive guides privacy protection in Europe. The 2004 Privacy Framework by

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3822-546: The U.S. ) Special Intelligence (SI), which protects intelligence sources and methods, No Foreign dissemination (NoForn), which restricts dissemination to U.S. nationals, and Originator Controlled dissemination (OrCon), which ensures that the originator can track possessors of the information. Information in these compartments is usually marked with specific keywords in addition to the classification level. Government information about nuclear weapons often has an additional marking to show it contains such information ( CNWDI ). When

3913-609: The U.S. legislative system. In 2011, US Senator Al Franken wrote an open letter to Steve Jobs , noting the ability of iPhones and iPads to record and store users' locations in unencrypted files. Apple claimed this was an unintentional software bug , but Justin Brookman of the Center for Democracy and Technology directly challenged that portrayal, stating "I'm glad that they are fixing what they call bugs, but I take exception with their strong denial that they track users." In 2021,

4004-490: The U.S. state of Arizona found in a court case that Google misled its users and stored the location of users regardless of their location settings. The Internet has become a significant medium for advertising, with digital marketing making up approximately half of the global ad spending in 2019. While websites are still able to sell advertising space without tracking, including via contextual advertising , digital ad brokers such as Facebook and Google have instead encouraged

4095-536: The United Kingdom and other members of the British Empire used Most Secret , but this was later changed to match the United States' category name of Top Secret in order to simplify Allied interoperability. The Washington Post reported in an investigation entitled "Top Secret America" that, as of 2010, "An estimated 854,000 people ... hold top-secret security clearances" in the United States. It

4186-501: The United States was the 1890 article by Samuel Warren and Louis Brandeis , "The Right to Privacy", and that it was written mainly in response to the increase in newspapers and photographs made possible by printing technologies. In 1948, 1984 , written by George Orwell , was published. A classic dystopian novel, 1984 describes the life of Winston Smith in 1984, located in Oceania, a totalitarian state. The all-controlling Party,

4277-613: The already existing privacy requirements that applied to telecommunications providers (under Part 13 of the Telecommunications Act 1997 ), and confidentiality requirements that already applied to banking, legal and patient / doctor relationships. In 2008 the Australian Law Reform Commission (ALRC) conducted a review of Australian privacy law and produced a report titled "For Your Information". Recommendations were taken up and implemented by

4368-554: The bill due to its provisions for warrantless breaches of privacy, stating "I don't want to see our children victimized again by losing privacy rights." Even where these laws have been passed despite privacy concerns, they have not demonstrated a reduction in online harassment. When the Korea Communications Commission introduced a registration system for online commenters in 2007, they reported that malicious comments only decreased by 0.9%, and in 2011 it

4459-484: The cloud was not necessarily a form of evidence. Riley v. California evidently became a landmark case, protecting the digital protection of citizen's privacy when confronted with the police. A recent notable occurrence of the conflict between law enforcement and a citizen in terms of digital privacy has been in the 2018 case, Carpenter v. United States (585 U.S. ____). In this case, the FBI used cell phone records without

4550-428: The computer networks which underlie the Internet introduce such a wide range of novel security concerns, the discussion of privacy on the Internet is often conflated with security . Indeed, many entities such as corporations involved in the surveillance economy inculcate a security-focused conceptualization of privacy which reduces their obligations to uphold privacy into a matter of regulatory compliance , while at

4641-447: The current state of the value of individuals' privacy of online social networking show the following results: "first, adults seem to be more concerned about potential privacy threats than younger users; second, policy makers should be alarmed by a large part of users who underestimate risks of their information privacy on OSNs; third, in the case of using OSNs and its services, traditional one-dimensional privacy approaches fall short". This

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4732-490: The debate regarding privacy from a physical sense, how the government controls a person's body (i.e. Roe v. Wade ) and other activities such as wiretapping and photography. As important records became digitized, Westin argued that personal data was becoming too accessible and that a person should have complete jurisdiction over their data, laying the foundation for the modern discussion of privacy. New technologies can also create new ways to gather private information. In 2001,

4823-425: The documents: only where there is some doubt will the court inspect the documents to decide whether PII applies. Originally, a government minister was under a duty to advance a PII point where PII could be relevant, and the court took a certificate from a minister claiming PII as final and conclusive. However, over time, there has been an increase in both the ability of a minister to make a disclosure, notwithstanding

4914-476: The effect of substantially disrupting the orderly operation of a school." Increasingly, mobile devices facilitate location tracking . This creates user privacy problems. A user's location and preferences constitute personal information , and their improper use violates that user's privacy. A recent MIT study by de Montjoye et al. showed that four spatio-temporal points constituting approximate places and times are enough to uniquely identify 95% of 1.5M people in

5005-472: The equilibrium between the benefit of obtaining accurate location information and the risks of breaching an individual's privacy. There have been scandals regarding location privacy. One instance was the scandal concerning AccuWeather , where it was revealed that AccuWeather was selling locational data. This consisted of a user's locational data, even if they opted out within Accuweather, which tracked users' location. Accuweather sold this data to Reveal Mobile,

5096-551: The extent of their contribution to human wellbeing, or necessary utility. Hegel’s notions were modified by prominent 19th century English philosopher John Stuart Mill . Mill’s essay On Liberty (1859) argued for the importance of protecting individual liberty against the tyranny of the majority and the interference of the state. His views emphasized the right of privacy as essential for personal development and self-expression. Discussions surrounding surveillance coincided with philosophical ideas on privacy. Jeremy Bentham developed

5187-415: The following British definitions (from the highest level to lowest). Top Secret is the highest level of classified information. Information is further compartmented so that specific access using a code word after top secret is a legal way to hide collective and important information. Such material would cause "exceptionally grave damage" to national security if made publicly available. Prior to 1942,

5278-603: The foreign government providing the source information. Special handling instructions are used to indicate particular precautions for information handling. They include: A releasability caveat restricts information based on citizenship . The three in use are: Additionally, the PSPF outlines Information Management Markers (IMM) as a way for entities to identify information that is subject to non-security related restrictions on access and use. These are: There are three levels of document classification under Brazilian Law No. 12.527,

5369-544: The government and citizens have been revealed either lawfully or unlawfully, specifically through whistleblowers. One notable example is Edward Snowden , who released multiple operations related to the mass surveillance operations of the National Security Agency (NSA), where it was discovered that the NSA continues to breach the security of millions of people, mainly through mass surveillance programs whether it

5460-471: The government, are able to monitor a user's data and decide what is allowed to be said online through their censorship policies, ultimately for monetary purposes. In the 1960s, people began to consider how changes in technology were bringing changes in the concept of privacy. Vance Packard 's The Naked Society was a popular book on privacy from that era and led US discourse on privacy at that time. In addition, Alan Westin 's Privacy and Freedom shifted

5551-572: The guidelines, free of legislative interference, are analyzed in an article putting them into perspective with concepts of the GDPR put into law later in the European Union. In a consumer protection approach, in contrast, it is claimed that individuals may not have the time or knowledge to make informed choices, or may not have reasonable alternatives available. In support of this view, Jensen and Potts showed that most privacy policies are above

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5642-564: The hardware and software of the Internet in the 1990s, and now most Internet infrastructure is owned and managed by for-profit corporations. As a result, the ability of governments to protect their citizens' privacy is largely restricted to industrial policy , instituting controls on corporations that handle communications or personal data . Privacy regulations are often further constrained to only protect specific demographics such as children, or specific industries such as credit card bureaus. Several online social network sites (OSNs) are among

5733-407: The information itself or an asset that holds information e.g., a USB or laptop . The Australian Government uses four security classifications: OFFICIAL: Sensitive, PROTECTED, SECRET and TOP SECRET. The relevant security classification is based on the likely damage resulting from compromise of the information’s confidentiality.. All other information from business operations and services requires

5824-461: The legal case Kyllo v. United States (533 U.S. 27) determined that the use of thermal imaging devices that can reveal previously unknown information without a warrant constitutes a violation of privacy. In 2019, after developing a corporate rivalry in competing voice-recognition software, Apple and Amazon required employees to listen to intimate moments and faithfully transcribe the contents. Police and citizens often conflict on what degree

5915-486: The main source of concern for many mobile users, especially with the rise of privacy scandals such as the Facebook–Cambridge Analytica data scandal . Apple has received some reactions for features that prohibit advertisers from tracking a user's data without their consent. Google attempted to introduce an alternative to cookies named FLoC which it claimed reduced the privacy harms, but it later retracted

6006-503: The national interest; to distinguish when classifying information is in the collective best interest of a just society, or merely the best interest of a society acting unjustly to protect its people, government, or administrative officials from legitimate recourses consistent with a fair and just social contract . The purpose of classification is to protect information. Higher classifications protect information that might endanger national security . Classification formalises what constitutes

6097-474: The necessary security clearance with a need to know . Mishandling of the material can incur criminal penalties. A formal security clearance is required to view or handle classified material. The clearance process requires a satisfactory background investigation. Documents and other information must be properly marked "by the author" with one of several (hierarchical) levels of sensitivity—e.g. restricted, confidential, secret, and top secret. The choice of level

6188-404: The party in power led by Big Brother, is able to control power through mass surveillance and limited freedom of speech and thought. George Orwell provides commentary on the negative effects of totalitarianism , particularly on privacy and censorship . Parallels have been drawn between 1984 and modern censorship and privacy, a notable example being that large social media companies, rather than

6279-515: The phenomenon known as the Panoptic effect through his 1791 architectural design of a prison called Panopticon . The phenomenon explored the possibility of surveillance as a general awareness of being watched that could never be proven at any particular moment. French philosopher Michel Foucault (1926-1984) concluded that the possibility of surveillance in the instance of the Panopticon meant

6370-584: The police can intrude a citizen's digital privacy. For instance, in 2012, the Supreme Court ruled unanimously in United States v. Jones (565 U.S. 400), in the case of Antoine Jones who was arrested of drug possession using a GPS tracker on his car that was placed without a warrant, that warrantless tracking infringes the Fourth Amendment. The Supreme Court also justified that there is some "reasonable expectation of privacy" in transportation since

6461-546: The political sphere, philosophers hold differing views on the right of private judgment. German philosopher Georg Wilhelm Friedrich Hegel (1770-1831) makes the distinction between moralität , which refers to an individual’s private judgment, and sittlichkeit , pertaining to one’s rights and obligations as defined by an existing corporate order. On the contrary, Jeremy Bentham (1748-1832), an English philosopher, interpreted law as an invasion of privacy. His theory of utilitarianism argued that legal actions should be judged by

6552-502: The potential application of PII, and the ability of the courts to review a claim of PII. In Conway v Rimmer [1968], the House of Lords held that the courts retained the final decision on whether PII should be upheld, and, in R v Chief Constable of West Midlands, ex parte Wiley [1995], the House of Lords decided that a minister could discharge his duty by making his own judgment of where

6643-432: The practice of behavioral advertising , providing code snippets used by website owners to track their users via HTTP cookies . This tracking data is also sold to other third parties as part of the mass surveillance industry . Since the introduction of mobile phones, data brokers have also been planted within apps, resulting in a $ 350 billion digital industry especially focused on mobile devices. Digital privacy has become

6734-406: The private sector, the federal Personal Information Protection and Electronic Documents Act ("PIPEDA") is enforceable in all jurisdictions unless a substantially similar provision has been enacted on the provincial level. However, inter-provincial or international information transfers still engage PIPEDA. PIPEDA has gone through two law overhaul efforts in 2021 and 2023 with the involvement of

6825-531: The proposal due to antitrust probes and analyses that contradicted their claims of privacy. The ability to do online inquiries about individuals has expanded dramatically over the last decade. Importantly, directly observed behavior, such as browsing logs, search queries, or contents of a public Facebook profile, can be automatically processed to infer secondary information about an individual, such as sexual orientation, political and religious views, race, substance use, intelligence, and personality. In Australia,

6916-600: The prosecutions of individuals involved in the Matrix Churchill "Arms to Iraq" case, a subject that was subsequently investigated in the Scott Report . Article 6 of the European Convention on Human Rights protects the right to a fair trial ; an "implied" right stemming from this is that of "equality of arms" – the idea that hearings should be adversarial and both parties should have access to

7007-722: The public interest lies (that is, to disclose or to assert PII). In practice, this is thought to have led to a reduction in the number of cases when PII is asserted. PII was previously known as Crown privilege, and derived from the same principle as the sovereign immunity of the Crown from prosecution before the Crown Proceedings Act 1947 . However, PII is not limited to the Crown (see the NSPCC case mentioned below), and cannot be waived save in exceptional circumstances. A number of PII certificates were signed in relation to

7098-489: The public is deemed to have the right to all information that is not considered to be damaging if released. Sometimes documents are released with information still considered confidential obscured ( redacted ), as in the adjacent example. The question exists among some political science and legal experts whether the definition of classified ought to be information that would cause injury to the cause of justice, human rights, etc., rather than information that would cause injury to

7189-584: The reading level of the average person. The Privacy Act 1988 is administered by the Office of the Australian Information Commissioner. The initial introduction of privacy law in 1998 extended to the public sector, specifically to Federal government departments, under the Information Privacy Principles. State government agencies can also be subject to state based privacy legislation. This built upon

7280-479: The reasonable expectation of privacy had already been established under Griswold v. Connecticut (1965). The Supreme Court also further clarified that the Fourth Amendment did not only pertain to physical instances of intrusion but also digital instances, and thus United States v. Jones became a landmark case. In 2014, the Supreme Court ruled unanimously in Riley v. California (573 U.S. 373), where David Leon Riley

7371-431: The right of individuals to keep aspects of their personal lives out of the public domain. The right to be free from unauthorized invasions of privacy by governments, corporations, or individuals is enshrined in the privacy laws of many countries and, in some instances, their constitutions. With the rise of technology, the debate regarding privacy has expanded from a bodily sense to include a digital sense. In most countries,

7462-453: The right to digital privacy is considered an extension of the original right to privacy , and many countries have passed acts that further protect digital privacy from public and private entities. There are multiple techniques to invade privacy, which may be employed by corporations or governments for profit or political reasons. Conversely, in order to protect privacy, people may employ encryption or anonymity measures. The word privacy

7553-419: The same evidence and witnesses. The European Court of Human Rights has held that Article 6 (especially the "implied" rights) is not an absolute right and that measures restricting the rights of the defence so as to safeguard an important public interest are lawful if "strictly necessary". It is of note that fewer PII certificates have been issued in recent years. For example, MI6 have not succeeded in obtaining

7644-403: The same time lobbying to minimize those regulatory requirements. The Internet's effect on privacy includes all of the ways that computational technology and the entities that control it can subvert the privacy expectations of their users . In particular, the right to be forgotten is motivated by both the computational ability to store and search through massive amounts of data as well as

7735-445: The social contract laid the groundwork for modern conceptions of individual rights, including the right to privacy. In his Second Treatise of Civil Government (1689), Locke argued that a man is entitled to his own self through one’s natural rights of life, liberty, and property. He believed that the government was responsible for protecting these rights so individuals were guaranteed private spaces to practice personal activities. In

7826-554: The top 10 most visited websites globally. Facebook for example, as of August 2015, was the largest social-networking site, with nearly 2.7 billion members, who upload over 4.75 billion pieces of content daily. While Twitter is significantly smaller with 316 million registered users, the US Library of Congress recently announced that it will be acquiring and permanently storing the entire archive of public Twitter posts since 2006. A review and evaluation of scholarly work regarding

7917-502: The way breaches of privacy can magnify online harassment, online harassment is often used as a justification to curtail freedom of speech , by removing the expectation of privacy via anonymity , or by enabling law enforcement to invade privacy without a search warrant . In the wake of Amanda Todd's death, the Canadian parliament proposed a motion purporting to stop bullying, but Todd's mother herself gave testimony to parliament rejecting

8008-711: Was Aristotle 's distinction between two spheres of life: the public sphere of the polis , associated with political life, and the private sphere of the oikos , associated with domestic life. Privacy is valued along with other basic necessities of life in the Jewish deutero-canonical Book of Sirach . Islam's holy text, the Qur'an, states the following regarding privacy: ‘Do not spy on one another’ (49:12); ‘Do not enter any houses except your own homes unless you are sure of their occupants' consent’ (24:27). English philosopher John Locke ’s (1632-1704) writings on natural rights and

8099-433: Was arrested after he was pulled over for driving on expired license tags when the police searched his phone and discovered that he was tied to a shooting, that searching a citizen's phone without a warrant was an unreasonable search, a violation of the Fourth Amendment. The Supreme Court concluded that the cell phones contained personal information different from trivial items, and went beyond to state that information stored on

8190-410: Was collecting great amounts of data through third party private companies, hacking into other embassies or frameworks of international countries, and various breaches of data, which prompted a culture shock and stirred international debate related to digital privacy. The Internet and technologies built on it enable new forms of social interactions at increasingly faster speeds and larger scales. Because

8281-549: Was repealed. A subsequent analysis found that the set of users who posted the most comments actually increased the number of "aggressive expressions" when forced to use their real name. In the US, while federal law only prohibits online harassment based on protected characteristics such as gender and race, individual states have expanded the definition of harassment to further curtail speech: Florida's definition of online harassment includes "any use of data or computer software" that "Has

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