Legal and Privacy Issues

1. Legal and Privacy Issues

2. Overview Definition Privacy Facts Privacy and Government Privacy & Security Self Regulation Privacy & E-Commerce Identity Theft & Fraud BBBOnLine Dell Bibliography

3. Definitions Privacy The state of being kept secret Best defined as a condition people maintain by controlling who receives information about them, and the terms on which others receive it. Importantly, privacy is a personal, subjective condition. One person cannot decide for another what his or her sense of privacy should be Importantly, privacy is a personal, subjective condition. One person cannot decide for another what his or her sense of privacy should be

4. Privacy Facts FCC survey show that 85% of websites collect personal information from the consumer. From the 14% who provide notice only 2% provide a comprehensive privacy policy. Children web 89% collect information, while 54% provides disclosure and 23% seek parental permission Children web 89% collect information, while 54% provides disclosure and 23% seek parental permission

5. Privacy and the Government The Freedom of Information Act and Privacy Act US Constitution, Bill of Rights The Gramm-leach-Bliley Financial Modernization Act Health Information Portability and Accountability Act 1996 Social security Card Show your card to your employer voluntarily when you start a job or governmental instructions. May 2001 Requires clear disclosure by all financial institutions of their privacy policy regarding the sharing of non-public personal information with both affiliates and third parties. Requires clear disclosure by all financial institutions of their privacy policy regarding the sharing of non-public personal information with both affiliates and third parties.

6. Privacy and the Government The Cyberspace Electronic Security Act of 1999 The Freedom of Information Act and Electronic Freedom of Information Act Amendments of 1996 use of encryption for the legitimate protection of privacy and confidentiality by businesses and individuals while helping law enforcement obtain evidence to investigate and prosecute criminals despite their use of encryption to hide criminal activity. use of encryption for the legitimate protection of privacy and confidentiality by businesses and individuals while helping law enforcement obtain evidence to investigate and prosecute criminals despite their use of encryption to hide criminal activity.

7. Privacy And Security Security and privacy are often discussed together. Though they are related, they are really quite separate concepts. European Influence on U.S. Privacy and Security

8. Self Regulation Private sector and the Clinton administration support Self regulation US government is urging industries to develop meaningful ways to provide consumer with better privacy disclosure Private sector has respond with a variety of self regulation initiatives in attempt to get a legislation that could impede the EC EC Electronic CommerceEC Electronic Commerce

9. Privacy and E-Commerce Law generally views the customer as less sophisticated than commercial participants and in need of a higher degree of protection. UCC and UN Model Law on electronic commerce specifically notes that it does not supersede any consumer protection law. Uniform Commercial Code Uniform computer information transactions ActUniform Commercial Code Uniform computer information transactions Act

10. Identity Theft & Fraud Verizon Wireless & AT&T Wireless Group Kiowa County, Oklahoma Rancho Cucamonga, California MSNBC report Log files from chat room sources showed that private information was being posted at a rate of two new records per minute

11. BBBOnLine, Inc. A Better Business Bureau Program

12. About BBBOnLine �A wholly owned subsidiary of the Council of Better Business Bureaus, BBBOnLine's mission is to promote trust and confidence on the Internet through the BBBOnLine Reliability and Privacy Seal Programs. BBBOnLine's web site seal programs allow companies with web sites to display the seals once they have been evaluated and confirmed to meet the program requirements.�

13. BBBOnLine Programs The BBBOnLine Reliability Seal Program confirms a company is a member of local Better Business Bureau The BBBOnLine Privacy Seal Prgrom confirms a company stands behind privacy policy and meets program requirements

14. BBBOnLine Statistics 73% of purchasers & 82% of non-purchasers cite reliability of business as a major concern when shopping online 89% of Internet users would be �more confident� buying from a company with a BBBOnLine Reliability Seal More than half of online consumers would be �extremely likely� or �very likely� to buy from a company they did not know if the company were a member of the BBB and carried a seal

15. More BBBOnLine Statistics 72% of online shoppers say they are �extremely concerned� or �very concerned� about having control of the release of their private information 46% of consumers say that the BBBOnLine Privacy Seal would make them �much more confident� and 43% would be �somewhat more confident� when making a purchase online

16. Additional Survey Findings A secure ordering process would make 56% of shoppers more willing to make online purchases About one in three shoppers say clear disclosure of refund and exchange policies and easy-to-find company contact information would make them more willing to buy something online One third of shoppers say they make an online purchase at least once a month

17. BBBOnLine Partnerships Kid�s Privacy Seal Children�s Online Privacy Protection Act (COPPA) Kid�s Seal Requirements based on guidelines of: Council of Better Business Bureau�s Children�s Advertising Review Unit OnlinePrivacy Alliance Children�s Online Privacy Protection Act of 1998

18. BBBOnLine Partnerships BBBOnLine Japanese Privacy Seal Japanese Privacy Seal Authority (JIPDEC) eligible to carry Japanese seal once awarded standard seal

19. BBBOnLine Partnerships European Union Safe Harbor BBBOnLine Privacy Program fully incorporates the requirements of the US/EU Safe Harbor Agreement Provides BBBOnLine Privacy Seal Participants with the ability to enter the EU Safe Harbor Any company collecting and transferring personally identifiable information from European consumers, or its own European employees, to the US via their website, is required to meet E.U. Data Directive requirements.Any company collecting and transferring personally identifiable information from European consumers, or its own European employees, to the US via their website, is required to meet E.U. Data Directive requirements.

20. Dell Computer Corporation Participant in the BBBOnLine Privacy Program

21. Dell Computer Corporation BBBOnLine Reliability confirmed for Dell Computer Corporation �Dell Computer Corporation meets all BBBOnLine Reliability participation and Better Business Bureau membership standards and is authorized to display the BBBOnLine Reliability seal.�

22. Dell Computer Corporation Dell Computer Corporation is a certified participant of the BBBOnLine Privacy and Children�s Privacy Program �This confirms that the information practices of Dell Computer Corporation have been reviewed and meet the standards of the Council of Better Business Bureaus� BBBOnLine Privacy Program.�

23. Dell�s Online Privacy Practices Privacy and Data Security Dell only asks for specific types of personal information Dell only uses your personal information for specific purposes You can opt-out of receiving further marketing from Dell at any time Dell will not disclose your personal information to any outside organization for its use in marketing without your consent

24. Online Privacy Practices con�t Dell wants to help you keep your personal information accurate Internet Commerce Customized Experience Third-Party Sites Children�s Privacy Policy DellKids Web site Rest of Dell�s Web site Reviewing and Deleting Information

25. When Information is Collected Register on dell.com Place an order Provide feedback in an online survey Participate in promotional offer Request e-mail notification of order status Subscribe to a mailing list Request online technical support Request assistance from �Product Advisor�

26. Cookies Temporary Cookies Necessary to maintain user session Log Cookies What pages are used and what pages aren�t

27. Bibliography FCC Privacy Initiatives the Freedom of Information Act and Privacy Act The Cyberspace Electronic Security Act of 1999 The Freedom of Information Act Identity Theft and Fraud Protecting Privacy and Security of Personal information in the Global Marketplace Hack Attack Targets Verizon, AT&T Wireless Dell Computer Corporation Better Business Bureau Online Ford, W., Baum, M.S. (2001). Secure Electronic Commerce Second Edition, Prentice Hall.