Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley Chapter 5:! Privacy Ethics for the Information Age Third Edition by Michael J. Quinn1-2 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-2 Chapter Overview (1/2) • Introduction • Perspectives on privacy • Disclosing information • Ways information becomes public • U.S. legislation • Public records1-3 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-3 Chapter Overview (2/2) • Covert government surveillance • U.S. legislation authorizing wiretapping • Data mining • Identity theft • Encryption1-4 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-4 Introduction • Information collection, exchange, combination, and distribution easier than ever • More information access → less privacy • Trade-offs – Privacy vs. need for credentials – Privacy vs. desire for free expression – Privacy vs. safety / security1-5 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-5 Defining Privacy • Privacy related to notion of access • Access – Physical proximity to a person – Knowledge about a person • Edmund Byrne: Privacy is a “zone of inaccessibility” • Edward Bloustein: Privacy violations are an affront to human dignity • Too much individual privacy can harm society • Where to draw the line?1-6 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-6 Harms of Privacy • Cover for illegal or immoral activities • Burden on the nuclear family • Hidden dysfunctional families • Ignored people on society’s fringes1-7 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-7 Benefits of Privacy • Individual growth • Individual responsibility • Freedom to be yourself • Intellectual and spiritual growth • Development of loving, trusting, caring, intimate relationships1-8 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-8 Is There a Natural Right to Privacy? • Morton Levine: Property rights → Privacy rights • Third Amendment to U.S. Constitution • Samuel Warren and Louis Brandeis: Yes • Judith Jarvis Thomson: “Privacy rights” overlap other rights • Stanley Benn and Jeffrey Reiman: Privacy is a prudential right1-9 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-9 Privacy and Trust • Modern life more private • Challenge: living among strangers • Remedy: establishing reputations – Ordeal, such as lie detector test or drug test – Credential, such as driver’s license, key, ID card, college degree • Establishing reputation is done at the cost of reducing privacy1-10 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-10 Disclosing Information • Public record: information for public access • Public information: information revealed to an organization that has right to share it • Personal information: undisclosed information • Types of disclosures – Voluntary – Involuntary – Statutory1-11 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-11 Ways Information Becomes Public • Rewards or loyalty programs • Body scanners • Digital video recorders • Automobile “black boxes” • Enhanced 911 service • RFIDs • Implanted chips • Cookies • Spyware1-12 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-12 U.S. Legislation • Fair Credit Reporting Act • Fair and Accurate Credit Transactions Act • The Family Education Rights and Privacy Act • Employee Polygraph Protection Act • Video Privacy Protection Act • Financial Services Modernization Act • Children’s Online Privacy Protection Act • Health Insurance Portability and Accountability Act1-13 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-13 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 – Bankruptcies: 10 years – Criminal convictions: indefinitely1-14 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-14 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 theft1-15 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-15 Family Education Rights and Privacy Act (FERPA) • Rights given to – Students 18 years and older – Parents of younger students • Rights include – Reviewing educational records – Requesting changes to erroneous records – Preventing release of records without permission1-16 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-16 Employee Polygraph Protection Act • Passed in 1988 • Prohibits private employers from using lie detector tests under most conditions • Cannot require test for employment • Exceptions – Pharmaceutical companies and security firms may give test to certain classes of employees – Employers who have suffered a theft may administer tests to reasonable suspects – Federal, state, and local governments exempt1-17 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-17 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 needed1-18 Copyright © 2009 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 5-18 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