14.1

Chapter 14

Privacy

© 2003 by West Legal Studies in Business/A Division of Thomson Learning

14.2

Political and Social Context

Personally identifiable information (PPI)

Sectoral approach

Omnibus method

Commoditization of private information Data creep

Segmentations include privacy fundamentalists, privacy pragmatists, and privacy unconcerned

14.3

What is Privacy?

Public-sector vs. private-

sector

Privacy vs. confidentiality

Privately-held vs. publicly-

held

14.4

Regulation of Private Data Management

Basic mechanics of modern private data activities Data acquisition

Information analysis

Use of knowledge

Nature of privacy rights

14.5Law and Economics of Private

Information What is meant by drawing the

privacy “balance?”

Present arguments against strong privacy rights.

Present arguments for strong privacy rights.

Let’sDiscuss

Let’sDiscuss

Let’sDiscuss

Let’sDiscuss

14.6

Fair Information Practice Principles

1. Notice

2. Choice

3. Consent

4. Access

5. Security

6. Enforcement

14.7

Constitutional Amendments as Basis for

Privacy Rights

1st1st

3rd3rd

4th4th

5th5th

6th6th

9th9th

10th10th

14th14th

Freedoms of speech, religion, press, petitions, assembly, Freedoms of speech, religion, press, petitions, assembly,

No quartering of soldiersNo quartering of soldiers

No unlawful search and seizureNo unlawful search and seizure

No double jeopardy, self-incrimination, or taking of private propertyNo double jeopardy, self-incrimination, or taking of private property

Trials of public record, confronting witnessesTrials of public record, confronting witnesses

Stating rights in Constitution does not deny people other rightsStating rights in Constitution does not deny people other rightsReserves power of government to states or to the peopleReserves power of government to states or to the peopleDue process in states, privileges and immunities, equal protection of the lawsDue process in states, privileges and immunities, equal protection of the laws

14.8

Privacy in Regulatory and Law Enforcement

Rights pertaining to discovery and production of documents are covered under the Fourth Amendment

Other evidentiary privileges include Privileged communications

Search and seizure

Privacy under federal FOIA and state open records laws

14.9

Privacy Rights Under State Law

Intrusion upon seclusion

Public disclosure of private facts

False light

Misappropriation

14.10

Electronic Privacy

Profiling

Unsolicited commercial e-mail (Spam)

Telecommunications

Children's online privacy

14.11

Financial Privacy

Fair Credit Reporting Act of 1970Fair Credit Reporting Act of 1970

Assures fairness in credit reports without burdening the credit reporting system

Consumer reports are compiled from lender reports

Gramm-Leach-Bliley Act of 1999Gramm-Leach-Bliley Act of 1999

Introduces consolidation of financial service firms

14.12

Employment and Workplace Privacy

Substance abuse Federal lie detector prohibitions Workplace surveillance Workplace e-mail privacy

14.13

Privacy and Self-Regulation

Netiquette

Chief privacy officers

Objective self-regulation

Seal program

Guidelines set by independent third parties