Title: Class Outline 14
Course: KVCC BUS118 > Section: Class Outlines

1.      Why is privacy an issue?

a.      Expansion of online usage

b.      Big Data

c.      Online portfolios

2.      What is Privacy – control of personal data

a.      Examples

i.           Social Security or other identification numbers

ii.           Financial information

iii.           Health information

iv.           Biometric Data

v.           Criminal History Data

vi.           Other

b.      Public Records

i.           Birth & Death certificates

ii.           Minutes of governmental meetings

iii.           Sex Offender list

iv.           Professional Licenses

v.           Docket

3.      How is Privacy different from Information Security – Security is a process Privacy is the result.

4.      What are the Sources of Privacy Law

a.      Constitutional Law

i.           Many consider privacy a fundamental rights

ii.           There is no mention of the word privacy in the Constitution

iii.           There are some amendments that build a definition of privacy.

1.      First Amendment – established freedom of thoughts and privacy is implied

2.      Third Amendment – quartering of troops implied limited privacy in home

3.      Fourth Amendment – unreasonable search and seizure implies privacy in belongings

4.      Fifth Amendment – no self-incrimination implies privacy of thoughts

iv.           Applicable Cases

1.      Wheaton v Peters 1834 – the right to be left alone was first coined here.

2.      The right to privacy article discussed privacy as the right to be left alone and this is still referenced today.

3.      Griswold v Connecticut – Established privacy as being part of Constitutional rights.

4.      Katz v United States – Privacy rights extend to the individual instead of locations.

5.      Whalen v Roe – Right of informational privacy

6.      United States v White – Established that privacy is not a right when information is freely exchanged.

7.      Smith v Maryland – No right of privacy in electronic routing information

8.      NASA v Nelson – Made background checks on employees as not a violation of privacy.

b.      Federal Laws

i.           Census Confidentiality 1952 – The census has to be confidential where it is forbidden to be able to identify an individual.

ii.           Freedom of information Act 1966 – Outside of the 9 exemptions the public can request information from federal agencies.

iii.           Wiretap Act 1968 – Established that eavesdropping cannot be used without a court order.

iv.           Mail Privacy Statute 1971 – protects mail from being opened unless by the recipient or with their consent unless a warrant is obtained. Only deals with the post office.

v.           Privacy Act 1974 – deals with the collection of data by federal agencies. This sets up the rules and requires them to report on their record keeping and to provide safeguards.

vi.           Cable Communications Policy Act 1984 – Cable companies need to then provide a yearly written privacy notice and requires the permission to gather customer data.

vii.           Electronic Communications Privacy Act 1986 – An amendment to the wiretap act and deals with the interception of electronic communications.

viii.           Driver’s Privacy Protection Act 1994 – protection of personal information that exists within the motor vehicle records.

ix.           E-government act 2002 – Requires the federal government to use technologies to protect privacy.

x.           USA Patriot Act 2001 – Allows the government to have more powers when it comes to items in relation to national security

Attached Files: | - KVCC BUS118_LegalAspectsBusInfoSys_Class Outlline 14(1).pdf