Title: Class Outline 15
Course: KVCC BUS118 > Section: Class Outlines

1.     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

c.      State Laws

1. 10 States that recognize a right to privacy – Alaska, Arizona, California, Florida, Hawaii, Illinois, Louisiana, Montana, South Carolina
2. 45 States have breach laws

1.     4 who don’t Alabama, Kentucky, New Mexico, South Dakota

1. 29 States have laws regarding disposal of paper and electronic information

i.           Common Laws

1.     Tort- wrongful act that hurts someone

2.     Common law – built on legal tradition and court cases.

3.     4 privacy torts

i.           Intrusion into seclusion

ii.           Portrayal in a false light

iii.           Appropriation of likeness or identity

iv.           Public Disclosure of Private Facts

4.     Fair information practices

i.           Led to the 197 Federal Privacy act

5.     OECD – Organization for economic cooperation and development

i.           8 privacy principles

1.     The collection limitation Principle – individuals must know about and consent to the collection of their data.

2.     The data quality principle – Any data collected must be correct.

3.     The purpose specification principle – the purpose for the data collection should be stated.

4.     The use limitation principle – data should only be used for the stated reasons.

5.     The security safeguards principle – collected data must be protected when it is collected.

6.     The openness principle – people can contact collection agency and can discover where their personal data is collected.

7.     The individual participation principle – people must know if data about them has been collected.

8.     The accountability principle – collection agency must be accountable for following its principles.

6.     Network advertising initiative

7.     Online Privacy Alliance

8.     Seal Program

i.           Webtrust

ii.           TrustE

iii.           BBB Online

ii.           Threats to personal data

1.     Spyware – 17 states have laws

2.     Keystroke Loggers

3.     Adware

4.     Web Beacon

5.     ClickStream

6.     Online Profiling

7.     Targeted Advertising

8.     RFID

9.     GPS

10. Security Breaches

iii.           People based privacy Concerns

1.     Phishing

2.     Social Engineering, Shoulder Surfing, Dumpster Diving

3.     Social Networking

4.     Identity Theft

iv.           Workplace Privacy

1.     Telephone and Voicemail Monitoring

2.     Video Surveillance Monitoring

3.     Computer User Monitoring

4.     E-Mail Monitoring

5.     Public Employees

v.           Privacy Protection in Information Systems

1.     Data life cycle

i.           Data Collection

ii.           Data Use

iii.           Data Storage

iv.           Data Retention

v.           Data Destruction

2.     Privacy Policy

Attached Files: | - KVCC BUS118_LegalAspectsBusInfoSys_Class Outlline 15(1).pdf