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Data privacy is the relationship between collection and dissemination of data, technology, the public expectation of privacy, and the legal issues surrounding them. Debt AIDS Trade in Africa (or DATA) is a Multinational non-government organization founded in January 2002 in London by U2 's Technology is a broad concept that deals with a Species ' usage and knowledge of Tools and Crafts and how it affects a species' ability to control and adapt Expectation of privacy is a concept which is crucial in the defining of the scope of the applicability of Privacy laws A subjective expectation of privacy is an Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society

Privacy concerns exist wherever personally identifiable information is collected and stored - in digital form or otherwise. Whilst the acronym PII is commonly used there is no common or agreed use of the words from which it is created Improper or non-existent disclosure control can be the root cause for privacy issues. Data privacy issues can arise in response to information from a wide range of sources, such as:

The challenge in data privacy is to share data while protecting personally identifiable information. Health care is the prevention treatment and management of illness and the preservation of mental health through the services offered by the medical, Nursing Criminal justice is the system of practices and organizations used by national and local governments directed at maintaining Social control, deterring The field of finance refers to the concepts of Time, Money and Risk and how they are interrelated Genetic material is used to store the genetic information of an organic life form The fields of data security and information security design and utilize software, hardware and human resources to address this issue. Data security is the means of ensuring that Data is kept safe from corruption and that access to it is suitably controlled Information security means protecting information and information systems from unauthorized access use disclosure disruption modification or destruction

Contents

Information types

Various types of personal information often come under privacy concerns.

Lifestyle

For various reasons, individuals may not wish for personal information such as their religion, sexual orientation, political affiliations, or personal activities to be revealed. This may be to avoid discrimination, personal embarrassment, or damage to one's professional reputation. Unlike most discrimination policies discrimination between, which is the discernment of qualities and recognition of the differences focused here discrimination against is

Financial

Main article: Financial privacy

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. Financial Privacy is a blanket term for a multitude of Privacy issues Financial Institutions ensuring that their customers information remains If criminals gain access to informations such as a person's account or credit card numbers that person could become the victim of fraud or identity theft. In the broadest sense a fraud is a Deception made for personal gain or to damage another individual Identity theft is a term used to refer to Fraud that involves stealing money or getting other benefits by pretending to be someone else 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 had contact with, products they use, their activities and habits, or medications they have used. In some cases corporations might wish to use this information to target individuals with marketing customized towards those individual's personal preferences, something which that person may or may not approve of. In popular usage "marketing" is the promotion of products especially Advertising and Branding However in professional usage the term has a wider meaning of

Internet

Main article: Internet privacy

The ability to control what information one reveals about oneself over the Internet, and to control who can access that information, has become a growing concern. Internet privacy consists of Privacy over the media of the Internet: the ability to control what information one reveals about oneself over the Internet and to control These concerns include whether email can be stored or read by third parties without consent, or whether third parties can track the web sites someone has visited. Electronic mail, often abbreviated to e-mail, email, or originally eMail, is a Store-and-forward method of writing sending receiving Another concern is whether web sites which are visited collect, store, and possibly share personally identifiable information about users. Whilst the acronym PII is commonly used there is no common or agreed use of the words from which it is created

The advent of various search engines and 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. Data mining is the process of Sorting through large amounts of data and picking out relevant information [1][2][3]

Medical

Main article: Medical privacy

A person may not wish for their medical records to be revealed to others. The main subject of medical privacy is the ' Medical record ' which historically has been a paper file of the entire medical history of the patient This may be because they have concern that it might affect their insurance coverage or employment. Or it may be because they would not wish for others to know about medical or psychological conditions or treatment which would be embarrassing. Revealing medical data could also reveal other details about one's personal life (such as about one's sexual activity for example).

Physician and Psychiatrists in many cultures and countries have standards for doctor-patient relationships which include maintaining confidentiality. The doctor - Patient relationship is central to the practice of Medicine and is essential for the delivery of high-quality health care in the diagnosis and In some cases the physician-patient privilege is legally protected. In the laws of many Common law jurisdictions the concept of legal Privilege, or the rule that certain conversations are so private and confidential that they cannot be used These practices are in place to protect the dignity of patients, and to ensure that patients will feel free to reveal complete and accurate information required for them to receive the correct treatment. [4]

Political

Main article: Political privacy

Political privacy has been a concern since voting systems emerged in ancient times. Political privacy has been a concern since Voting systems emerged in ancient times Political privacy has been a concern since Voting systems emerged in ancient times A voting system allows voters to choose between options often in an Election where candidates are selected for public office. The secret ballot is the simplest and most widespread measure to ensure that political views are not known to anyone other than the voter themself--it is nearly universal in modern democracy, and considered a basic right of citizenship. The secret ballot is a voting method in which a Voter 's choices are confidential Democracy is a form of government in which the supreme power is held completely by the people under a free electoral system In fact even where other rights of privacy do not exist, this type of privacy very often does. Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively

Legality

The legal protection of the right to privacy in general - and of data privacy in particular - varies greatly around the world. Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

—Universal Declaration of Human Rights, Article 12

Canada

In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) went into effect on 1 January 2001, applicable to federally regulated organizations. The Universal Declaration of Human Rights ( UDHR) is a declaration adopted by the United Nations General Assembly ( 10 December 1948 at Palais Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page The Personal Information Protection and Electronic Documents Act (abbreviated PIPEDA or PIPED Act) is a Canadian law relating to Data privacy New Year See also New Year The Ancient Romans began their consular year on January 1st since 153 BC Year 2001 ( MMI) was a Common year starting on Monday according to the Gregorian calendar. All other organizations were included on 1 January 2004. New Year See also New Year The Ancient Romans began their consular year on January 1st since 153 BC "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " [5][6] The PIPEDA brings Canada into compliance with the requirements of the European Commission's directive on data privacy. A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving

Europe

The right to data privacy is heavily regulated and rigidly enforced in Europe. Article 8 of the European Convention on Human Rights (ECHR) provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions. The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the [7][8] The European Court of Human Rights has given this article a very broad interpretation in its jurisprudence. The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights Jurisprudence is the Theory and Philosophy of Law. Scholars of jurisprudence or legal philosophers hope to obtain a deeper understanding of the nature According to the Court's case law the collection of information by officials of the state about an individual without his consent always falls within the scope of Article 8. Thus, gathering information for the official census, recording fingerprints and photographs in a police register, collecting medical data or details of personal expenditures and implementing a system of personal identification have been judged to raise data privacy issues. A census is the procedure of acquiring information about every member of a given population A fingerprint is an impression of the friction ridges of all or any part of the finger A photograph (often shortened to photo) is an Image created by Light falling on a light-sensitive surface usually Photographic film or an electronic

Any state interference with a person's privacy is only acceptable for the Court if three conditions are fulfilled:

  1. The interference is in accordance with the law
  2. The interference pursues a legitimate goal
  3. The interference is necessary in a democratic society

The government is not the only entity which may pose a threat to data privacy. Other citizens, and private companies most importantly, engage in far more threatening activities, especially since the automated processing of data became widespread. The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data was concluded within the Council of Europe in 1981. The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of the Council of Europe of 1981 extended the safeguards for everyone's The Council of Europe (Conseil de l'Europe is the oldest International organisation working towards European integration, being founded in 1949 This convention obliges the signatories to enact legislation concerning the automatic processing of personal data, which many duly did.

As all the member states of the European Union are also signatories of the European Convention on Human Rights and the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, the European Commission was concerned that diverging data protection legislation would emerge and impede the free flow of data within the EU zone. The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of the Council of Europe of 1981 extended the safeguards for everyone's The European Commission (formally the Commission of the European Communities) is the executive branch of the European Union. Therefore the European Commission decided to harmonize data protection regulation and proposed the Directive on the protection of personal data, which member states had to transpose into law by the end of 1998. The full title of this European Union directive is Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such

The directive contains a number of key principles which must be complied with. A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving Anyone processing personal data must comply with the eight enforceable principles of good practice. [9] They state that the data must:

  1. Fairly and lawfully processed.
  2. Processed for limited purposes.
  3. Adequate, relevant and not excessive.
  4. Accurate.
  5. Not kept longer than necessary.
  6. Processed in accordance with the data subject's rights.
  7. Secure.
  8. Not transferred to countries without adequate protection.

Personal data covers both facts and opinions about the individual. It also includes information regarding the intentions of the data controller towards the individual, although in some limited circumstances exemptions will apply. With processing, the definition is far wider than before. For example, it incorporates the concepts of 'obtaining', 'holding' and 'disclosing'.

All EU member states adopted legislation pursuant this directive or adapted their existing laws. Each country also has its own supervisory authority to monitor the level of protection.

France

France adapted its existing law, no. This article is about the country For a topic outline on this subject see List of basic France topics. 78-17 of 6 January 1978 concerning information technology, files and civil liberties". Events 1066 - Harold Godwinson is crowned King of England. 1205 - Philip of Swabia becomes King Year 1978 ( MCMLXXVIII) was a Common year starting on Sunday (link displays the 1978 Gregorian calendar) More information is available on the website of the CNIL (in French only). The Commission nationale de l'informatique et des libertés or CNIL (knil is an independent French administrative authority whose mission is to ensure that Data

Germany

In Germany both the federal government and the states enacted legislation. Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. [10]

United Kingdom

In the United Kingdom the Data Protection Act 1984 was repealed by the Data Protection Act 1998 (Information Commissioner). The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The Data Protection Act ( DPA) is a United Kingdom Act of Parliament. The Data Protection Act ( DPA) is a United Kingdom Act of Parliament. Canada The Information Commissioner of Canada is an independent ombudsman appointed by the Parliament of Canada who investigates complaints from people who believe [11]

Switzerland

Switzerland is not a member of the European Union (EU) or of the European Economic Area. Switzerland (English pronunciation; Schweiz Swiss German: Schwyz or Schwiiz Suisse Svizzera Svizra officially the Swiss Confederation The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in The European Economic Area ( EEA) came into being on 1 January 1994 following an agreement between member states of European Free Trade Association (EFTAthe Therefore the EU Directive on the protection of personal data is not applicable in Switzerland. The full title of this European Union directive is Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such

In Switzerland, the right to privacy is guaranteed in article 13 of the Swiss Federal Constitution. The Federal Constitution of 18 April 1999 (Bundesverfassung der Schweizerischen Eidgenossenschaft Constitution fédérale de la Confédération suisse Constituzione federale della Confederazione The Swiss Federal Data Protection Act (DPA) and the Swiss Federal Data Protection Ordinance (DPO) entered into force on July 1, 1993. The latest amendments of the DPA and the DPO entered into force on January 1, 2008.

The DPA applies to the processing of personal data by private persons and federal government agencies. Unlike the data protection legislation of many other countries, the DPA protects both personal data pertaining to natural persons and legal entities[3].

The Swiss Federal Data Protection and Information Commissioner in particular supervises compliance of the federal government agencies with the DPA, provides advice to private persons on data protection, conducts investigations and makes recommendations concerning data protection practices.

Some data files must be registered with the Swiss Federal Data Protection and Information Commissioner before they are created. In the case of a transfer of personal data outside of Switzerland, special requirements need to be met and, depending on the circumstances, the Swiss Federal Data Protection and Information Commissioner must be informed before the transfer is made[4].

Most Swiss cantons have enacted their own data protection laws regulating the processing of personal data by cantonal and municipal bodies.

United States

Data privacy is not highly legislated or regulated in the U.S.. The United States of America —commonly referred to as the In the United States, access to private data is culturally acceptable in many cases, such as credit reports for employment or housing purposes. Although partial regulations exist, for instance the Children's Online Privacy Protection Act and HIPAA, there is no all-encompassing law regulating the use of personal data. The Children's Online Privacy Protection Act of 1998 ( COPPA) is a United States federal law, located at ( The Health Insurance Portability and Accountability Act ( HIPAA) was enacted by the U The desire to minimise the power of the state in the U. S. may be a reason for the reluctance to trust the government to protect personal information. In the U. S. the first amendment protects free speech and in many instances privacy conflicts with this amendment. In many countries privacy has been used as a tool to suppress free speech.

The Supreme Court interpreted the Constitution to grant a right of privacy to individuals in Griswold v. Connecticut. Griswold v Connecticut, 381 US 479 ( 1965) was a Landmark case in which the Supreme Court of the United States ruled that the Very few states, however, recognize an individual's right to privacy, a notable exception being California. California ( is a US state on the West Coast of the United States, along the Pacific Ocean. An inalienable right to privacy is enshrined in the California Constitution's article 1, section 1, and the California legislature has enacted several pieces of legislation aimed at protecting this right. The Constitution of the State of California is the document that establishes and describes the duties powers structure and function of the Government of the U The California Online Privacy Protection Act (OPPA) of 2003 requires operators of commercial web sites or online services that collect personal information on California residents through a web site to conspicuously post a privacy policy on the site and to comply with its policy.

The safe harbor arrangement was developed by the US Department of Commerce in order to provide a means for US companies to demonstrate compliance with European Commission directives and thus to simplify relations between them and European businesses. The US Safe Harbor arrangement is a streamlined process for US companies to comply with the EU Directive 95/46/EC on the protection of personal data, a The United States Department of Commerce is the Cabinet department of the United States government concerned with promoting Economic growth

Safe Harbor Program and Passenger Name Record issues

The US Department of Commerce created the Safe Harbor certification program in response to the 1995 Directive on Data Protection (Directive 95/46/EC) of the European Commission. The United States Department of Commerce is the Cabinet department of the United States government concerned with promoting Economic growth The term safe harbor ( safe harbour) has several special usages in an Analogy with its literal meaning that of a Harbor or haven which provides Safety The full title of this European Union directive is Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such [12] Directive 95/46/EC declares in Chapter IV Article 25 that personal data may only be transferred from the countries in the EEA 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 a result, Article 25 created a legal risk to organisations which transfer personal data from Europe to the USA.

The program has an important issue on the exchange of Passenger Name Record information between the EU and the US. In the travel industry a Passenger Name Record ( PNR) is a record in the database of a Computer Reservation System (CRS that contains 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 the controller himself 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 European Commission (formally the Commission of the European Communities) is the executive branch of the European Union. 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 the protection of personal data, the Safe Harbor Principles were the result. The US Safe Harbor arrangement is a streamlined process for US companies to comply with the EU Directive 95/46/EC on the protection of personal data, a Notwithstanding that approval, the self assessment approach of the Safe Harbor remains controversial with a number of European privacy regulators and commentators. [13]

The Safe Harbor program addresses this issue in a unique way: rather than a blanket law imposed on all organisations in the US, a voluntary program is enforced by the FTC. The United States of America —commonly referred to as the US organisations 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 organisations 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 the purposes of Article 25(6), by the European Commission on 26 July 2000[14].

The Safe Harbor is not a perfect solution to the challenges posed by Article 25. In particular, adoptee organisations 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 the transfer of HR data to the US Safe Harbor must be heard by a panel of EU privacy regulators. [15]

In July 2007, a new, controversial [16], Passenger Name Record agreement between the US and the EU was undersigned. In the travel industry a Passenger Name Record ( PNR) is a record in the database of a Computer Reservation System (CRS that contains [17] A short time afterwards, the Bush administration gave exemption for the Department of Homeland Security, for the Arrival and Departure System (ADIS) and for the Automated Target System from the 1974 Privacy Act [18]. The Automated Targeting System or ATS is a United States Department of Homeland Security computerized system that for every person who crosses U The Privacy Act of 1974, Public Law No 93-579 88 Stat 1897 (Dec

In February 2008, Jonathan Faull, the head of the EU's Commission of Home Affairs, complaigned about the US bilateral policy concerning PNR [19]. 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 [16]. The Czech Republic ( ˈt͡ʃɛskaː ˈrɛpuˌblɪka short form in Česko ˈt͡ʃɛskɔ also called Czechia, The tensions between Washington and Brussels are mainly caused by a lesser level of data protection in the US, especially since foreigners do not benefit from the US Privacy Act of 1974. Data privacy is the relationship between collection and dissemination of Data, Technology, the public Expectation of privacy, and the Legal issues The Privacy Act of 1974, Public Law No 93-579 88 Stat 1897 (Dec Other countries approached for bilateral MOU included the United Kingdom, Estonia, Germany and Greece [20].

Protecting privacy in information systems

As heterogeneous information systems with differing privacy rules are interconnected and information is shared, policy appliances will be required to reconcile, enforce and monitor an increasing amount of privacy policy rules (and laws). Policy appliances are technical control and logging mechanisms to enforce or reconcile Policy rules (information use rules and to ensure accountability in information systems There are two categories of technology to address privacy protection in commercial IT systems: communication and enforcement.

Policy Communication
Policy Enforcement

See also

External links

International

Australia

Canada

Europe

U. K.

U. S.

References

  1. ^ Research explores data mining, privacy - USATODAY.com
  2. ^ In this data-mining society, privacy advocates shudder
  3. ^ U.S. Demands Google Web Data | Information Management Journal | Find Articles at BNET.com
  4. ^ Doctor-Patient Confidentiality: Encyclopedia of Everyday Law
  5. ^ http://www.privcom.gc.ca/index_e.asp Privacy Commissioner of Canada
  6. ^ The Personal Information Protection and Electronic Documents Act - Privacy Commissioner of Canada
  7. ^ [1]
  8. ^ default
  9. ^ Universal HTTP Redirector
  10. ^ Internetauftritt des Bundesbeauftragten für den Datenschutz und die Informationsfreiheit
  11. ^ Information Commissioner's Office - ICO
  12. ^ Justice and Home Affairs - Data Protection - Legislative documents
  13. ^ http://ec.europa.eu/justice_home/fsj/privacy/docs/adequacy/sec-2004-1323_en.pdf
  14. ^ EUR-Lex - 32000D0520 - EN
  15. ^ 10 March 2005
  16. ^ a b A divided Europe wants to protect its personal data wanted by the US, Rue 89, 4 March 2008 (English)
  17. ^ See [2]. Rue 89 is a French Website created by former journalists from Libération.
  18. ^ Statewatch, US changes the privacy rules to exemption access to personal data September 2007
  19. ^ Brussels attacks new US security demands, European Observer. Statewatch is a non-profit organization founded in 1991 that monitors the state and Civil liberties in the European Union. See also Statewatch newsletter February 2008
  20. ^ Statewatch, March 2008
Statewatch is a non-profit organization founded in 1991 that monitors the state and Civil liberties in the European Union.
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