Editing Information privacy

{{Quote|''There is growing concern that computers now constitute, or will soon constitute, a dangerous threat to individual privacy.''<ref>Horst Feistel, "Cryptography and Computer Privacy," Scientific American (May 1973).</ref>}} 

== Definitions ==

=== United Kingdom ===

'''Information privacy''' (also called '''informational privacy''' or '''data privacy''') is

{{Quote|the ability of a person to control, [[edit]], manage and [[delete]] [[information]] about themselves and to decide how and to what extent such [[information]] is [[communicate]]d to others. [[Intrusion]] can come in the form of collection of excessive [[personal information]], [[disclosure]] of [[personal information]] without [[consent]] and misuse of such [[information]]. It can include the [[collection of information]] through the [[surveillance]] or [[monitoring]] of how people act in public or private spaces and through the [[monitoring]] of [[communications]] whether by post, [[phone]] or [[online]]. It extends to [[monitoring]] the [[record]]s of [[sender]]s and [[recipient]]s as well as the [[content]] of [[message]]s.<ref>[[Conducting Privacy Impact Assessments Code of Practice]], at 5.</ref>}} 

=== United States ===

'''Information privacy''' (also called '''informational privacy''' or '''data privacy''') is 

{{Quote|those aspects of [[privacy]] law that involves the right of individuals to determine when, how and to what extent they choose to share [[personal information]] about themselves with others.<ref>Alan Westin, Privacy and Freedom 7 (1976). ''See also'' Alan Westin, The Equifax Report on Consumers in the Information Age XVIII (1990).</ref>}}

{{Quote|the interest individuals have in controlling or at least significantly influencing the handling of [[data]] about themselves.<ref>[[Privacy and Civil Liberties Policy Development Guide and Implementation Templates]], App. E, Glossary.</ref>}}

{{Quote|used to refer to [[standard]]s for the [[data collection|collection]], [[maintenance]], use, and [[disclosure]] of [[personally identifiable information]]. A central component of 'information privacy' is the ability of an individual to control the use of [[information]] about him or herself.<ref>[[Report of the National Task Force on Privacy, Technology, and Criminal Justice Information]], at 10.</ref>}}

== Overview ==

Information privacy is not an unlimited or absolute right. Individuals cannot suppress [[public record]]s, nor control [[information]] about themselves that, by law, is used for a permissible purpose (e.g., criminal defendants cannot prevent courts from examining their prior criminal record before imposing sentence, and sellers of realty cannot prevent a title search of their property). Although individuals may refuse to [[disclose]] certain [[fact]]s about themselves, such [[disclosure]] is often either required by law (e.g., tax information) or required if the [[data subject]] hopes to participate in society in a meaningful way (e.g., [[disclosing]] [[financial information]] to obtain a mortgage or releasing [[medical information]] to obtain insurance coverage). As a practical matter, individuals cannot participate fully in society without revealing vast amounts of [[personal data]].

Although there is no universal agreement about what "privacy" is, it is of considerable and increasing concern to individuals. Threats to the [[privacy]] of [[personal information]] arise primarily as a result of the widespread increase in the availability and use of [[computer]]s and [[computer network]]s, the corresponding increase in the disclosure of [[personal information]] by [[Internet user]]s to [[website]]s, the routine collection of [[personal information]] about [[online user]]s by [[website]]s, and the utilization of [[personal information]] [[online]] for direct marketing and advertising purposes.

Protection of information privacy is widely seen as serving at least five interests that are critical to a democracy:

# An interest in ensuring society (both public and private sectors) makes decisions about individuals in a way that comports with notions of due process and fairness. Accuracy of CHRI and use of that information which includes providing notice to the individual and giving the individual an opportunity to respond, is consistent with notions about fairness. The absence of these protections may produce erroneous or unjustified decisions about employment, credit, health care, housing, or other valued benefits or statuses.
# An interest in protecting individual dignity. When individuals endure stigma, embarrassment, and humiliation arising from the uncontrolled use and disclosure of information about them, they lose the sense of dignity and integrity essential for effective participation in a free and democratic society.
# An interest in protecting individual autonomy. When individuals lack control over personal information about themselves, they lose a sense of control over their lives. The ability of individuals to control personal information about themselves promotes personal autonomy and liberty.
# An interest in promoting a sense of trust in, and a check upon the behavior of, institutions. When individuals lose the ability to selectively disclose their sensitive personal information, they lose trust in the public and private institutions that collect, hold, use, and disclose this personal information.
# An interest in promoting the viability of relationships critical to the effective functioning of a democratic society. Numerous relationships, such as the doctor-patient relationship, the lawyer-client relationship, or even the news media and confidential source relationship, depend upon promises of confidentiality in order to promote the candid sharing of personal information and trust within the relationship.

Thus, the critical question becomes: how do we balance the need to use [[information]] (by government, commerce, and individuals) with the natural desire of individuals to decide what [[information]] about themselves will be exposed to others? Having articulated principles for striking that balance, how do we implement them?

== United States ==

In the United States there is no comprehensive legal protection for [[personal information]]. The [[U.S. Constitution]] protects the [[privacy]] of [[personal information]] in a limited number of ways, and extends only to the protection of the individual against government intrusions. However, many of the threats to the [[privacy]] of [[personal information]] occur in the private sector. Any limitations placed on the [[data processing]] activities of the [[private sector]] will be found not in the [[U.S. Constitution|Constitution]] but in federal or state law.

Information privacy is frequently distinguished from other clusters of personal interests that are nourished by the [[privacy]] doctrine, including [[surveillance privacy]] and [[behavioral privacy]].

=== Federal laws ===

There is no comprehensive federal privacy statute that protects [[personal information]] held by both the [[public sector]] and the [[private sector]]. The [[Privacy Act of 1974]] protects the [[privacy]] of [[personal information]] collected by the federal government. 

The [[private sector]]'s [[data collection|collection]] and [[disclosure]] of personal information has been addressed by [[U.S. Congress|Congress]] on a sector-by-sector basis and/or that focus on particular types of [[information]]. These federal laws include the:

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* [[Cable Communications Policy Act of 1984]]
* [[CAN-SPAM Act]]
* [[Children's Online Privacy Protection Act]] ([[COPPA]])
* [[Computer Matching and Privacy Protection Act of 1988]]
* [[Driver's Privacy Protection Act of 1994]]
* [[Electronic Communications Privacy Act of 1986]] ([[ECPA]])
* [[Employee Polygraph Protection Act of 1988]]
* [[Fair and Accurate Credit Transactions Act]] ([[FACTA]])
* [[Fair Credit Reporting Act of 1970]] ([[FCRA]])
* [[Family Educational Rights and Privacy Act]] of 1974
* [[Gramm-Leach-Bliley Act]] of 1999 ([[GLB]])
* [[Health Insurance Portability and Accountability Act]] ([[HIPPA]])
* [[Identity Theft and Assumption Deterrence Act of 1998]]
* [[Privacy Protection Act of 1980]]
* [[Telephone Consumer Protection Act]]
* [[Video Voyeurism Prevention Act of 2004]]
* [[Video Privacy Protection Act]]

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Other federal laws that impact [[privacy]] relate to criminal or [[national security]] issues, including the:

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* [[Bank Secrecy Act of 1970]]
* [[Communications Assistances for Law Enforcement Act of 1994]] ([[CALEA]])
* [[Foreign Intelligence Surveillance Act of 1978]] 
* [[Personal Responsibility and Work Opportunity Reconciliation Act of 1996]]
* [[USA PATRIOT Act of 2001]]

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== References ==
<references />

== Sources ==

* [[Options for Promoting Privacy on the National Information Infrastructure]]
* [[Report of the National Task Force on Privacy, Technology, and Criminal Justice Information]]

== External resource ==

* [https://www.sharefile.com/resources/data-security A Guide For Safeguarding Personal Information In The Workplace]

== See also ==

* [[Informational privacy]]
* [[Right of privacy]]
[[Category:Internet]]
[[Category:Privacy]]
[[Category:Definition]]