What is the right of privacy, and what is the basis for protecting personal priv
ID: 3758741 • Letter: W
Question
What is the right of privacy, and what is the basis for protecting personal privacy under the law? What are some of the laws that provide protection for the privacy of personal data, and what are some of the associated ethical issues? What is identity theft, and what techniques do identity thieves use? What are the various strategies for consumer profiling, and what are the associated ethical issues? What must organizations do to treat consumer data responsibly? Why and how are employers increasingly using workplace monitoring? What are the capabilities of advanced surveillance technologies, and what ethical issues do they raise?
Explanation / Answer
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What is the right of privacy, and what is the basis for protecting personal privacy under the law? What are some of the laws that provide protection for the privacy of personal data, and what are some of the associated ethical issues? What is identity theft, and what techniques do identity thieves use? What are the various strategies for consumer profiling, and what are the associated ethical issues? What must organizations do to treat consumer data responsibly? Why and how are employers increasingly using workplace monitoring? What are the capabilities of advanced surveillance technologies, and what ethical issues do they raise?
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Answer:
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Privacy:
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The right to be left alone—the most comprehensive of rights, and the right most valued by a free people.
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Right of privacy :
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The right to privacy refers to the concept that one's personal information is protected from public scrutiny.
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Information privacy is a combination of:
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01. Communications privacy: Ability to communicate with others without being monitored by other persons or organizations
02. Data privacy :Ability to limit access to one’s personal data by other individuals and organizations in order to exercise a substantial degree of control over that data and its use
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Some of the laws that provide protection for the privacy of personal data
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Financial data
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01. Fair Credit Reporting Act (1970) : Regulates operations of credit-reporting bureaus
02.Fair and Accurate Credit Transactions Act (2003) : Allows consumers to request and obtain a free credit report once each year from each of the three primary consumer credit reporting companies
03. Right to Financial Privacy Act (1978): Protects the financial records of financial institution customers from unauthorized scrutiny by the federal government
04. Gramm-Leach-Bliley Act (1999) : Bank deregulation that enabled institutions to offer investment, commercial banking, and insurance services
Three key rules affecting personal privacy
a. Financial Privacy Rule
b. Safeguards Rule
c. Pretexting Rule
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Electronic surveillance
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01. Electronic Communications Privacy Act of 1986 (ECPA) :
Protects communications in transfer from sender to receiver
Protects communications held in electronic storage
Prohibits recording dialing, routing, addressing, and signaling information without a search warrant
Pen register records electronic impulses to identify numbers dialed for outgoing calls
Trap and trace records originating number of incoming calls
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Export of personal data
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01. Organisation for Economic Co-operation and Development Fair Information Practices (1980) :
Fair Information Practices
Set of eight principles
Model of ethical treatment of consumer data
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Some of the associated ethical issues
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01. Identity theft :
02. Electronic discovery
03. Consumer profiling
04. Advanced surveillance technology
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01. Identity theft :
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Fastest-growing form of fraud in the United States Consumers and organizations are becoming more vigilant and proactive in fighting identity theft
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Four approaches used by identity thieves
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Create a data breach
Purchase personal data
Use phishing to entice users to give up data
Install spyware to capture keystrokes of victims
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Resolution:
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Identity Theft and Assumption Deterrence Act of 1998 was passed to fight fraud Identity Theft Monitoring Services
Monitor the three major credit reporting agencies (TransUnion, Equifax, and Experian)
Monitor additional databases (financial institutions, utilities, and DMV)
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02. Electronic discovery
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Collection, preparation, review, and production of electronically stored information for use in criminal and civil actions
Quite likely that information of a private or personal nature will be disclosed during e-discovery
Federal Rules of Procedure define e-discovery processes
E-discovery is complicated and requires extensive time to collect, prepare, and review data
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03. Consumer profiling
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Companies openly collect personal information about Internet users
Cookies
Text files that a Web site can download to visitors’ hard drives so that it can identify visitors later
Tracking software analyzes browsing habits
Similar controversial methods are used outside the Web environment
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04. Advanced surveillance technology
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Camera surveillance
Many cities plan to expand surveillance systems
Advocates argue people have no expectation of privacy in a public place
Critics concerned about potential for abuse
Global positioning system (GPS) chips
Placed in many devices
Precisely locate users
Banks, retailers, airlines eager to launch new services based on knowledge of consumer location
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