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Lecture 13[1]

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42 views22 pages

Lecture 13[1]

Uploaded by

affantariq712
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Chapter 6:

Privacy and the


Government

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6.7 Regulation of Public and Private
Databases

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Agaz/Start
Genesis of Code of Fair Information
Practices
• 1965: Director of Budget asked committee of
economists to look at problems caused by
decentralization of statistical data across federal
agencies
• Committee recommended creation of a National Data
Center
• Citizens and legislators expressed concerns about
possible abuses of such a system
• Another group formed to draft guidelines for
government databases
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Code of Fair Information Practices

• No secret databases
• People should have access to personal
information in databases
• Organizations cannot change how information is
used without consent
• People should be able to correct or amend
records
• Database owners, users responsible for reliability
of data and preventing misuse
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Privacy Act of 1974 Falls Short

• Applies only to government databases


• Only covers records indexed by a personal
ID
• No federal employee responsible to
enforcing Privacy Act provisions
• Allows agencies to share records with
other agencies
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Qanoon
Legislation for Private Institutions

• Fair Credit Reporting Act


• Fair and Accurate Credit Transactions Act
• Financial Services Modernization Act

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Fair Credit Reporting Act

• Promotes accuracy and privacy of


information used by credit bureaus
• Major credit bureaus: Equifax, Experian,
Trans Union
• Negative information kept only 7 years
• Exceptions
dewalia – Bankruptcies: 10 years
– Criminal convictions: indefinitely
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Fair and Accurate Credit
Transactions Act
• Passed in 2004
• Requires three major credit bureaus to
provide consumers a free copy of their
credit report every 12 months
• Not automatic: consumers must request
credit reports
• Provisions to reduce identity theft
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Financial Services Modernization Act

• Also called Gramm-Leach-Bliley Act of 1999


• Creates “financial supermarkets” offering
banking, insurance, and brokerage services
• Privacy-related provisions
– Privacy policies must be disclosed to customers
– Notices must provide an opt-out clause
– Companies must develop procedures to protect
customers’ confidential information

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6.8 Data Mining by the Government

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Definition of Data Mining

• Data mining: Process of searching through


one or more databases looking for patterns
or relationships among the data

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IRS Audits

• IRS uses computer matching and data mining to


look for possible income tax fraud
• Computer matching: matching tax form
information with information provided by
employers, banks, etc.
• Data mining: searching through forms to detect
those that appear most likely to have errors
resulting in underpayment of taxes

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Syndromic Surveillance Systems

• Syndromic surveillance system: A data mining


system that searches for patterns indicating the
outbreak of an epidemic or bioterrorism
– 911 calls
– emergency room visits
– school absenteeism
– Internet searches
• Example: A system in New York City
detected an outbreak of a virus in 2002
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Telecommunications Records
Database
• Created by National Security Agency after 9/11
• Contains phone call records of tens of millions of Americans
• NSA analyzing calling patterns to detect terrorist networks
• Phone records voluntarily provided by several major
telecommunications companies
• USA Today revealed existence of database in May 2006
• Several dozen class-action lawsuits filed
• August 2006: Federal judge in Detroit ruled program illegal
and unconstitutional
• July 2007: US Court of Appeals overturned ruling, saying
plaintiffs did not have standing to bring suit forward
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Predictive Policing

• Criminals behave in a predictable way


– Times of crimes fall into patterns
– Some areas have higher incidence of crimes
• Predictive policing: use of data mining to
deploy police officers to areas where
crimes are more likely to occur
• Police in Santa Cruz and Los Angeles saw
significant declines in property crime
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6.10 Information Dissemination

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• Legislation to restrict information
dissemination/spreading of info
– Family Education Rights and Privacy Act
– Video Privacy Protection Act
– Health Insurance Portability and Accountability
Act
• Examples of information dissemination
– Freedom of Information Act
– Toll booth records used in court
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Family Education Rights and
Privacy Act (FERPA)
• Rights given to
– Students 18 years and older
– Parents of younger students
• Rights include
– Reviewing educational records
galat
– Requesting changes to erroneous records
– Preventing release of records without permission

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Video Privacy Protection Act

• Videotape service providers cannot


disclose rental records without consumer’s
written consent
• Rental stores must destroy personal
information related to rentals within a year
of when it is no longer needed

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Health Insurance Portability and
Accountability Act
• Limits how doctors, hospitals,
pharmacies, and insurance companies
can use medical information
• Health care providers need signed
authorization to release information
• Health care providers must provide
patients with notice describing how they
use medical information
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Freedom of Information Act

• Federal law designed to ensure public has


access to US government records
• Signed by President Johnson (1966)
• Applies only to executive branch
• Nine exemptions
– Classified documents
– Trade secrets or financial information
– Documents related to law enforcement investigations
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Toll Booth Records

• E-ZPass: an automatic toll-collection


system used on most toll roads, bridges,
and tunnels between Illinois and Maine
• Drivers with E-ZPass tags pass through
without stopping to pay attendant
• Records have been provided in response
to court orders in criminal and civil cases

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