Basics of Ophthalmology for Dental Students

Professional Ethics in IT Module 8 Chapter 6 - Privacy and Government Part II Surveillance Regulation of Public and Private Databases Data Mining by the Government Conten ts Information Dissemination Invasion 15 Learning Outcomes • Understand how governments legislation have played in protecting and eroding the information privacy of individual citizens • Identify the categories of privacy-related activities as proposed by Solove Understand the governmental activities •• Recognize legislation that limits the amount toof information private entities information collection related can collect from individuals • Understand the scope of privacy and ethics in term of data collections, processing, analyzing, and evaluation • Give examples of U.S. governments related to privacy. 16 6.7 Regulation of Public and Private Databases 6.7.1 Code of Fair Information Practices • 1965, the 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 6.7.1 Code of Fair Information Practices 1. There must be no personal data record-keeping systems whose very existence is secret. 2. There must be a way for a person to find out what information about the person is in a record and how it is used. 3. There must be a way for a person to prevent information about the person that was obtained for one purpose from being used or made available for other purposes without the person’s consent. 4. There must be a way for a person to correct or amend a record of identifiable information about the person. 5. Any organization creating, maintaining, using, or disseminating records of identifiable personal data must assure the reliability of the data for their intended use and must take precautions to prevent misuses of the data. 6.7.2 Privacy Act of 1974 • In some cases, it allows individual accessing information about them • 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 6.7.3 Fair Credit Reporting Act • Credit bureaus and other consumer reporting agencies sell reports to other organizations that are trying to determine the credit-worthiness of consumers when – Applying for credit cards – Applying for jobs – Renting appartment • consumersPromotes 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: indefinitely 6.7.4 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 • Consumers should request the reports if needed • Provisions to reduce identity theft 6.7.5 Financial Services Modernization Act • 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 6.8 Data Mining by the Government Definition of Data Mining • Data mining: Process of searching through one or more databases looking for patterns or relationships among the data 6.8.1 Internal Revenue Service 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 of unpaid taxes 6.8.2 Syndromic Surveillance Systems • Syndromic surveillance system: A data mining system that searches for patterns indicating the outbreak of an epidemic an environmental problem leading to illnesses, or bioterrorism – 911 calls – emergency room visits – school absenteeism – Internet searches • In 2002, a system in New York City detected an outbreak of a virus 6.8.3 Telecommunications Records Database • Due to 9/1 1 phone calls records were sent by telecommunication analyzed by the NSA • 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 the database in May 2006 • Several dozen class-action lawsuits filed • August 2006: Federal judge in Detroit ruled program illegal and unconstitutional • July 2007: U.S. Court of Appeals overturned ruling, saying plaintiffs did not have standing to bring suit forward 6.8.4 Predictive Policing o The use of data mining to deploy police officers to areas where crimes are more likely to occur o Its common that individual criminals act in a predictable way – Being is frequent familiar places – Criminal activities tends to frequently occur in the same neighborhood – Follow a predictable patterns o Predictive Policing is now being practiced in the US due to the declined rate of crimes 6.8.5 Potential Harms of Profiling o Experts express warning concerns regarding personal harm of the use of individuals profiles constructed applying data mining o Examples: – Target: Pregnant women (Chapter 5) – Issues of inaccurate profiling analysis – Issues encountered in “no-fly” list due to the Terrorist Screening Database 6.9 National Identification Card 6.9.1 History and Role of the Social Security • Issued after the Social Security Act of 1935 • Originally used only for Social Security purposes • Use of SSN has gradually increased • SSN is a poor identification number – Not unique – Rarely checked – No error-detecting capability 6.9.2 Debate over a National ID Card • Current ID cards are second-rate • Would reduce illegal immigration. • Would prevent illegal aliens from working • Would reduce crime • Do not • No card positively guarantees identification • No biometric-based system is 100% accurate • No evidence it will reduce crime • Makes government data mining simpler • Make law-abiding people more vulnerable to fraud and indiscretions 6.9.3 The REAL ID Act • Signed in May 2005 • Significantly changes driver’s licenses in the United States • New licenses – Issued by end of 2013 – Required to open bank account, fly on commercial airplane, or receive government service – Requires applicants to supply 4 different IDs – Will probably contain a biometric identifier – Must contain data in machine-readable form • Half of the states have resisted implementation of REAL ID; doubtful 2013 deadline will be met • Domestic airlines travellers will need REAL ID–compliant driver’s licenses by October 1, 2020, for identification 6.10 Information Dissemination 6.10.1 Family Education Rights and Privacy Act Introduction • Legislation to restrict information dissemination – Family Education Rights and Privacy Act – Video Privacy Protection Act – Health Insurance Portability and Accountability Act • Examples of information dissemination – Freedom of Information Act 6.10.1 Family Education Rights and Privacy Act • 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 permission 6.10.2 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 6.10.3 Health Insurance Portability and Accountability Act • In 1996, HHS was directed by the congress to provide guidelines for protecting the privacy of patients • By 2003, the guidelines 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 6.10.4 Freedom of Information Act • Federal law designed to ensure public has access to U.S. 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 6.10.5 Tollbooth Records Used in Court • 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 • NYSDOT has installed tag readers at different locations as well in order to track the progress of individual vehicles • The system encrypts information from individual tags and the data is not saved and deleted right after the 6.11 Invasion 6.11.1 Telemarketing National Do Not Call Registry • FTC responded to public opinion to protect privacy – Created Do Not Call Registry in October 2003 – More than 50 million phone numbers registered before it took affect • Example of how privacy is treated as a prudential right – Benefit of shielding people from telemarketers judged to be greater than harm caused by limiting telephone advertising 6.11.2 Loud Television Commercials CALM Act • Television watchers have complained to FCC about loud commercials for about 50 years • CALM Act signed by President Obama in 2010 • Requires FCC to ensure television commercials are played at same volume as programs they are interrupting 6.11.3 Requiring Identification for Pseudoephedrine Purchases • Pseudoephedrine an ingredient of Sudafed and other cold medications • It is also an ingredient of methamphetamine (“meth”) • Federal and state governments have passed laws limiting access to pseudoephedrine – Limits quantity that can be purchased in a month 6.11.4 Advanced Imaging Technology Scanners • Transportation Security Administration began installing AIT scanners in 2007 • AIT scanners reveal anatomical features • Electronic Privacy Information Center sued government in 2010, saying systems violate 4th Amendment and various laws • February 2011: TSA announced it was developing new software that would replace detailed image with generic outline of a person • By June 2013, all body scanners producing passenger- specific images would be removed from airport checkpoints 6.11.4 Advanced Imaging Technology Scanners