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Impact of Computers on Society. 2. Privacy and Personal Information. Privacy Can Mean. Freedom from Intrusion – being left alone Control of Information about Oneself Freedom from Surveillance Being followed Being watched Being eavesdropped upon. Privacy versus Confidentiality .
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Impact of Computerson Society 2. Privacy and Personal Information
Privacy Can Mean • Freedom from Intrusion – being left alone • Control of Information about Oneself • Freedom from Surveillance • Being followed • Being watched • Being eavesdropped upon
Privacy versus Confidentiality • Privacy – concerns personal information that one cannot be compelled to reveal about oneself • Confidentiality – concerns information that has been entrusted to others with the understanding that it will not be revealed without permission
Guaranteed? • Privacy is not guaranteed by the Constitution. It is implied in the 4th Amendment (freedom from unreasonable search and seizure). • Privacy is implied by the Declaration of Independence. Americans have the unalienable rights to life, liberty, and the pursuit of happiness.
I’ll see you in court! • The right to privacy has been upheld by many court decisions. • Roe v. Wade (1973) There is a right to privacy in the first trimester of pregnancy but less so in the second and third trimesters • Lawrence et al. v. Texas: sodomy law struck down • Hiibel vs. Sixth District Court: can a person refuse to identify himself prior to arrest?
Then, What is the Problem? • We need to give up some privacy in society to make it possible to interact with others. • To a certain extent we can choose how much privacy we are willing to give up. • Sometimes that choice is limited.
Privacy Problems • With increasing frequency we are forced to reveal more than we wish. • Individuals, organizations, businesses, and government collect and exchange information about us.
A Chilling Effect • “He knows!!” • What do you have to hide? • Suppose someone monitored every web site you visit on the Internet? • Suppose there were a camera in the parking lot at work? • In your living room? • In the bedroom? • In the bathroom? • Observation causes subtle changes in behavior • This is true in physics experiments, as well as with people
More Privacy Problems • “If you don’t have anything to hide…” currently has taken on political overtones. • Giving up freedom to defend freedom can result in no freedom. • "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin
What is Personal Information • Any information from which a living individual can be identified, including… • Deeds, contracts, wills, divorces, legal documents • Public records • Law enforcement • Banking, brokerage, other financial information • Purchase information • Medical records, tests, treatments • Travel, EZ-Pass
And also . . . • Educational records • Drivers’ and professional licenses • Biometric data • Membership rosters • Rentals and leases • Website logs, ISP logs • Cellular phone records • Example: the CVS Medication “Reminder” • And more . . . .
What does this have to do with computers? Where is all that data stored? • How is all that data retrieved? • How is all that data manipulated and interpreted? • How is all that data shared?
Privacy Act of 1974 • Restricts data in federal records to what is “relevant and necessary” • Requires federal agencies to notify the public in the Federal Register • Allows people to access their records and to correct errors • Requires procedures to protect DB security • Prohibits disclosure without consent
Computer Matching and Privacy Protection Act of 1988 • Requires a review process before doing computer matching • Can be circumvented by purchasing large amounts of data from the private sector • Example: ChoicePoint, Inc.
Erosions of the 4th Amendment • U.S. Patriot Act of 2001 loosened restrictions on wiretapping and surveillance • FBI may obtain credit information without a court order • Law enforcement may obtain medical records without court order
Privacy Act Problems • Restrictions apply only to federal government • Enforcement has been lax • Lack of oversight, checks and balances • Information is often outdated or inaccurate • Difficult to write legislation in such a rapidly evolving situation • Passed hurriedly
Databases • Supermarket “club” cards • Medical and insurance databases • Sex offender registry • Google and other search engines • Online searches of public records • Automated Fingerprint Systems AFIS • National Crime Information Center
The Universal Key: Your SSN • Intended in 1936 for Social Security Administration only • Required as an identifier for federal records in 1943 • Used by IRS in 1961 • In 1976 state and local agencies allowed to use SSN • Required in 1988 to get birth certificate • In 1996 may be used for occupational and marriage licenses • Detailed SSA timeline of SSN policy and law.
SSN Flaws • Not unique • Social Security cards are easy to forge • Frequently not verified by the requestor • Information supplied by applicant was frequently not verified • Have been used in many situations when they should not be
Fishing Expeditions • Made possible in part by the SSN • Can be based on vague suspicion and uncorroborated tips • A presumption of guilt rather than innocence • Frequently involve searches of data of people not under suspicion • The problem of “inference” – computer matching, computer profiling
Principles of Data Collection and Retention • Collect only necessary information • Inform people when and why data are being collected • Offer a way to opt out • Provide a means for correcting errors • Provide for updating information • Establish clear security and access rules • Do not use data for purposes other than the purpose for which they were collected • Provide for timely disposal of data
A National ID Card • What would it be used for? • Passports, permission to work, health care? • Smart cards or biometric data • Help reduce fraud • Prevent illegal aliens • Could be used to match virtually anything about the individual
Your Credit Report • Obtain your free personal credit report from one of the three major credit reporting companies: Equifax, Experian, TransUnion • Because the companies want you to pay, they have made it difficult to locate and use the free site. To circumvent this, go to http://www.epic.org/privacy/fcra/ • Search for “posted a webpage” (second paragraph) and follow the redirected link to AnnualCreditReport.com. • This site is safe. The data are protected by 256-bit encryption. • Be prepared to print out your full report, with the exception of the three-digit credit score. • Unfortunately, federal credit reporting law does not require credit reporting companies to give the score to you for free.