Report on the use of automated personal data bases and information systems in the USA and the social implications thereof, with particular reference to the question of confidentiality - comments on the effects of computer-based records maintenance, the legal aspects of data collecting and research systems, the use of the social security number as a universal identifier, etc., and includes recommendations regarding draft legislation. Annotated bibliography pp. 298 to 330.
In a Foreword to this book, Elliot Richardson writes that "It is increasingly necessary for people to have information about themselves collected, stored, and used by organizations maintaining computer-based record-keeping systems. As a worker, as a student, as a patient, as a taxpayer, as a bank depositer, as the owner or driver of a car, as a welfare recipient, as one ticketed for even a minor parking violation--it is practically impossible to avoid becoming the subject of a record...."However, so long as man--as an individual, in families, in larger groups, and in society--is not a purely rational creature, so long as American society prizes the individuality and the humane qualities of man and his associations, and so long as we continue to celebrate some uncertainty and mystery in our lives, we must learn to temper this particular technological application with sensitive concern for due process and the average citizen's wish to be let alone."It was with these considerations in mind that Richardson, then HEW Secretary, established an advisory committee on automated personal data systems. It consisted of 27 participants and included social service professionals, managers from the private sector, public sector administrators, elected officials, academics, lawyers, and private citizens. It was asked to study and make recommendations about: Harmful consequences that may result from using automated personal data systems;Safeguards that might protect against potentially harmful consequences;Measures that might afford redress for any harmful consequences;Policy and practice relating to the issuance and use of Social Security numbers.This book represents the Committee's report to the Secretary and to the nation. It compiles and analyzes the data that have been collected on its subject, scales the historic, legal, and social dimensions of the question, and judiciously sorts out the inherent conflicts between society's (or an organization's) legitimate need to know and the individual's right to privacy. One of the basic conclusions reached is that "Under current law, a person's privacy is poorly protected against arbitrary or abusive record-keeping practices." Accordingly, the report recommends the enactment of a Federal "Code of Fair Information Practice" enforceable against "all" automated personal data systems, governmental and private. The Code would be designed in such a way that it would guard against specific abuses and yet be sufficiently flexible to encompass unforeseen developments in computer technology. In particular, the report examines the implications of a "standard universal identifier" and opposes the establishment of such an identification scheme at this time. After reviewing the drift toward using the Social Security number as a "de facto" all-purpose personal identifier, the Committee recommends steps to curtail that drift.
This book reviews and explains the principal public records statutes applicable to records held by North Carolina local governments and examines the public's right of access to those records. It expands the coverage of the first edition and its cumulative supplement and also includes developments in the law since 2004. Although the book focuses on records held by local governments, state government officials also will find it useful.
The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.
Today, consent is a fundamental concept in the European legal framework on data protection. The analysis of the historical and theoretical context carried out in this book reveals that consent was not an intrinsic notion in the birth of data protection. The concept of consent was included in data protection legislation in order to enhance the role of the data subject in the data protection arena, and to allow the data subject to have more control over the collection and processing of his/her personal information. This book examines the concept of consent and its requirements in the Data Protection Directive, taking into account contemporary considerations on bioethics and medical ethics, as well as recent developments in the framework of the review of the Directive. It further studies issues of consent in electronic communications, carrying out an analysis of the consent-related provisions of the ePrivacy Directive.
NEW YORK TIMES BESTSELLER Edward Snowden, the man who risked everything to expose the US government’s system of mass surveillance, reveals for the first time the story of his life, including how he helped to build that system and what motivated him to try to bring it down. In 2013, twenty-nine-year-old Edward Snowden shocked the world when he broke with the American intelligence establishment and revealed that the United States government was secretly pursuing the means to collect every single phone call, text message, and email. The result would be an unprecedented system of mass surveillance with the ability to pry into the private lives of every person on earth. Six years later, Snowden reveals for the very first time how he helped to build this system and why he was moved to expose it. Spanning the bucolic Beltway suburbs of his childhood and the clandestine CIA and NSA postings of his adulthood, Permanent Record is the extraordinary account of a bright young man who grew up online—a man who became a spy, a whistleblower, and, in exile, the Internet’s conscience. Written with wit, grace, passion, and an unflinching candor, Permanent Record is a crucial memoir of our digital age and destined to be a classic.
The ethics of data and analytics, in many ways, is no different than any endeavor to find the "right" answer. When a business chooses a supplier, funds a new product, or hires an employee, managers are making decisions with moral implications. The decisions in business, like all decisions, have a moral component in that people can benefit or be harmed, rules are followed or broken, people are treated fairly or not, and rights are enabled or diminished. However, data analytics introduces wrinkles or moral hurdles in how to think about ethics. Questions of accountability, privacy, surveillance, bias, and power stretch standard tools to examine whether a decision is good, ethical, or just. Dealing with these questions requires different frameworks to understand what is wrong and what could be better. Ethics of Data and Analytics: Concepts and Cases does not search for a new, different answer or to ban all technology in favor of human decision-making. The text takes a more skeptical, ironic approach to current answers and concepts while identifying and having solidarity with others. Applying this to the endeavor to understand the ethics of data and analytics, the text emphasizes finding multiple ethical approaches as ways to engage with current problems to find better solutions rather than prioritizing one set of concepts or theories. The book works through cases to understand those marginalized by data analytics programs as well as those empowered by them. Three themes run throughout the book. First, data analytics programs are value-laden in that technologies create moral consequences, reinforce or undercut ethical principles, and enable or diminish rights and dignity. This places an additional focus on the role of developers in their incorporation of values in the design of data analytics programs. Second, design is critical. In the majority of the cases examined, the purpose is to improve the design and development of data analytics programs. Third, data analytics, artificial intelligence, and machine learning are about power. The discussion of power—who has it, who gets to keep it, and who is marginalized—weaves throughout the chapters, theories, and cases. In discussing ethical frameworks, the text focuses on critical theories that question power structures and default assumptions and seek to emancipate the marginalized.