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Privacy – California Dreamin’?

Privacy – California Dreamin’? A Brief Look at the Privacy Landscape in California Privacy & Security Privacy and security are two sides of the same coin. Everybody wants them, knows they’re needed – and in some cases, legally required.

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Privacy – California Dreamin’?

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  1. Privacy – California Dreamin’? A Brief Look at the Privacy Landscape in California

  2. Privacy & Security • Privacy and security are two sides of the same coin. • Everybody wants them, knows they’re needed – and in some cases, legally required. • Not everybody focuses on sorting out what they mean, and the implications for identifying them as key values. Spoke Software, Inc. Confidential

  3. Privacy • Brandeis & Warren, “Right to be let alone,” but more modern phrasing is control of personal data • Usual context is personal data that could be easily misused • Financial data • Medical data • Internet surfing history • General expectation that surveillance and sale/trading of data will be limited Spoke Software, Inc. Confidential

  4. Security • Security is focused on protection against unauthorized access to data • Used most commonly in the context of protection against hacking, etc. • Critical consideration for businesses with sensitive (or perceived-as-sensitive) data. Spoke Software, Inc. Confidential

  5. Common Ground • Privacy and security are about protection of data flows – a critical issue for our interconnected global economy • Privacy expectations limit the willful exchange of data (e.g., banks should not sell information on medical transactions to health insurers) • Security expectations limit porousness of data transfer (e.g., transfer of sensitive data to off-site archival storage should not be done unencrypted on the open Internet, employee data should not be in an unprotected computer) Spoke Software, Inc. Confidential

  6. California Legislative Actions • Cover both privacy and security: • Various anti-identity theft measures • SB1386/AB700 (2002) on Security Breaches • AB68 (2003) on Privacy Policies • SB1 (2003) on Financial Privacy • SB186 (2003) on Spam • Preempted (partially) by CAN-SPAM • New areas • Gmail • Automotive “black boxes” Spoke Software, Inc. Confidential

  7. Continued Focus on Online Data • Driven by fear of the new, and of descent into surveillance society • Technologies not well-understood • Raw political reasons as well – tech industry is insufficiently politically organized • Powerful financial industry resistance to legislation that would affect its data sharing practices • Tech industry is getting better organized… Spoke Software, Inc. Confidential

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