Privacy law overview Privacy law overview Engineering & - - PowerPoint PPT Presentation
CyLab Privacy law overview Privacy law overview Engineering & Public Policy Lorrie Faith Cranor September 16, 2014 y & c S a e v c i u r P r i t e y l b L a a s b U o 8-533 / 8-733 / 19-608 / 95-818:
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Lorrie Faith Cranor
September 16, 2014 8-533 / 8-733 / 19-608 / 95-818: Privacy Policy, Law, and Technology
C y L a b U s a b l e P r i v a c y & S e c u r i t y L a b
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– Rhode Island did not ratify until May 29, 1790
amendments/dates-to-remember/
– Since 2005, US educational institutions that receive federal funds required to hold educational program on US constitution on Constitution Day
http://cmlibblog.wordpress.com/2014/09/03/constitution-day- september-17/
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US US
relatively minimal protections -
quilt”
privacy
jurisdiction over fraud and deceptive practices; other sector-specific regulators
EU EU
requires all EU countries to adopt similar comprehensive privacy laws
right
country (some countries have national and state commissions)
with privacy laws
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– US companies self-certify adherence to requirements – Dept. of Commerce maintains signatory list http://www.export.gov/safeharbor/ – Signatories must provide
– reserves right to renegotiate if remedies for EU citizens prove to be inadequate
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with respect to the government
individuals or other private entities
equivalent to statutes, as long as they don’t conflict with statute
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No explicit privacy right A zone of privacy recognized in its penumbras penumbras See opinion of Justice William O. Douglas in Griswold v. Connecticut
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The first 10 amendments to the US Constitution, ratified 1791 (3 years after Constitution established) 1. Freedom of religion, speech, press, assembly, and petition 2. Right to keep and bear arms 3. Restriction on quartering soldiers in a house 4. Freedom from unreasonable searches and seizures 5. Right to due process, freedom from self-incrimination and double jeopardy 6. Rights of accused criminals, e.g. right to a speedy and public trial 7. Right to trial by jury in civil cases 8. Freedom from excessive bail, cruel and unusual punsihments 9. All other rights retained by the people
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– Tend to be narrowly focused
– State constitutions may recognize explicit right to privacy (AK, AZ, CA, FL, HI, IL, LA, MT, SC, WA) – State statutes and common (tort) law – Local laws and regulations (for example: ordinances on soliciting anonymously) – Sometimes Federal law preempts state law
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liability
– Not a torte!
– Disclosure of truly intimate facts
– False light
– Misappropriation (or right of publicity)
– Intrusion into a person’s solitude
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deceptive trade practice”
– Deceptive = false or misleading claims – Unfair = commercial conduct that causes substantial injury that consumers can’t reasonable avoid, without offsetting benefits
formal enforcement action
– May result in consent decree and/or fines
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later amendments)
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– When implemented, will protect medical records and other individually identifiable health information
– Web sites that target children must obtain parental consent before collecting personal information from children under the age of 13
– Requires privacy policy disclosure and opt-out mechanisms from financial service institutions
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y H T T P : / / C U P S . C S . C M U . E D U
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