Privacy: Understanding the Needs, Policy, and Approach

1. Privacy: Understanding the Needs, Policy, and Approach Innovations in Justice: Information Sharing Strategies and Best Practices BJA Regional Information Sharing Conference June 5, 2007 Jacksonville, Florida

2. Session Objectives • Importance of privacy to information sharing • Discuss strategies for developing privacy policies • Learn about reference tools for implementing privacy protections

3. Privacy and Civil Rights Policies Benefits of Information Sharing • Information sharing is critical both from a strategic and tactical perspective • One of 9/11 Commission findings was a lack of information sharing among agencies • More accurate and more timely information improves decision making • Information sharing means better use of limited public resources • Improved public safety, individual safety, and officer safety

4. Privacy Policies What has changed? • More information in electronic form • Most of the information is in state and local databases • Blurring of distinction between systems • RMS/CMS vs. criminal history vs. intelligence • Vastly greater sharing of information • Increased risk of injury from disclosure • Concerns about public support

5. Privacy Policies Why do we need them? What is the biggest threat to sensitive or confidential data? • Employee Negligence – 42% • Broken business processes – 33% • Malicious employees – 15% • Hackers – 10% Ponemon Institute survey of corporate IT professionals, 2006

6. Privacy Policies Why do we need them? Judge Limits New York Police Taping The New York Times A federal judge ruled that the police must stop the routine videotaping of people at public gatherings unless there is an indication that unlawful activity may occur. • Failure to address privacy may inhibit your operations

7. Privacy Policies Why do we need them? Report Details Missteps in Data Collection The Washington Post The FBI collected intimate information about the lives 52,000 people and stored it in an intelligence database accessible to about 12,000 federal, state, and local law enforcement authorities and to certain foreign governments without full legal authority to do so, without ensuring that the data it retained met its needs or requests, and without ferreting out all of its abuses and reporting them to an intelligence oversight board. • Failure to address privacy may reduce public support for law enforcement activities

8. Privacy Policies Why do we need them? U.S. Settles Suit Filed by Ore. Lawyer The Washington Post The government paid $2 million to settle a lawsuit filed by someone who was arrested and jailed for two weeks after a bungled a fingerprint match mistakenly linked him to a terrorist attack. • Inaccurate data can cost your agency money

9. Privacy Policies Why do we need them? Error Left Man with Label of 'molester' Mistake Took Decades to Fix San Jose Mercury News A person was the victim of a simple, but critical, clerical error 28 years ago that changed his misdemeanor conviction into child molestation charge. As a result, he spent more than a year in state prison, a flier with his picture that labeled him a molester was distributed at his daughter's elementary school, and his picture appeared in a newspaper accompanying an article on high-risk sex offenders. • Sharing inaccurate data can ruin someone’s life as well as waste public resources

10. Privacy PoliciesWhat is their scope? The goal of privacy policies and practices is: To protect: • Privacy • Civil rights • Civil liberties While promoting: • Public safety • Individual safety When fighting crime and terrorism

11. PRIVACY POLICY DEVELOPMENT

12. Global Privacy and Information Quality Working Group (GPIQWG) • Step One: GOVERNANCE • Step Two: PLANNING • Step Three: PROCESS • Step Four: PRODUCT • Step Five: IMPLEMENTATION

13. Governance – Planning Stage TEAM FORMATION Advocate & Defend PROJECT CHAMPION OR SPONSOR RESOURCES IDENTIFY TEAM LEADER Process BUILD TEAM & STAKEHOLDERS Empower with Authority FINAL TEAM LEADER & MEMBERS

14. Process Stage • Collection • Dissemination & Access • Linking and analyzing • Use • Maintenance & Retention UNDERSTANDING INFORMATION EXCHANGES

15. Process Stage • Focus • Sources of Legal Authority • Principles –FIP • Perform Information Analysis ANALYZING THE LEGAL REQUIREMENTS

16. Process Stage • Laws & Policies • Team Privacy Concerns • Build from Existing Laws & Policies IDENTIFY CRITICAL ISSUES & POLICY GAPS

17. Privacy and Civil Rights TemplatesWhy were templates developed? • Provide an organized approach to the critical issues • Suggest language for drafting a policy or inter-agency agreement • Make explicit the rules governing the collection and use of information • Clarify when and how information will be shared or distributed • Articulate the expectations regarding conduct of agency personnel

18. Product Stage VISION & SCOPE Organizational Structure & Policy Outline Team Members Stakeholders Constituents REVISED DRAFT POLICY DRAFT SHARE

19. Implementation Stage Formal Adoption of Privacy Policy PROJECT TEAM GOVERNING BOARD TRAINING OUTREACH PUBLICATION Ongoing Evaluation & Monitoring Legislative Efforts Revisions

20. ADDITIONAL RESOURCES

21. ADDITIONAL RESOURCES • Global Initiative – generally • http://www.it.ojp.gov/index.jsp • Global Privacy and Information Quality Work Group • http://www.it.ojp.gov/topic.jsp?topic_id=55 • Privacy Policy Development Guide and Templates • http://it.ojp.gov/privacy206/ or • https://it.ojp.gov/documents/Privacy_Guide_Final.pdf

22. Privacy and Civil Rights PoliciesResources Other places to find information: • Department of Homeland Security Privacy Office • http://www.dhs.gov/xinfoshare/publications/editorial_0514.shtm • Department of Justice Privacy and Civil Liberties Office • http://www.usdoj.gov/pclo/ • Information Sharing Environment Privacy Guidelines • http://www.ise.gov

23. Homeland Security • Publications: • Privacy Threshold • Analysis • Privacy Impact • Assessments- • Official Guidance (2006) • Privacy Impact • Assessments for various • industries

24. Contacts: Robert Boehmer - rboehme@uic.edu Alan Carlson – acarlson@jmijustice.org