Data privacy
Encyclopedia
Information privacy, or data privacy is the relationship between collection and dissemination of data
Data
The term data refers to qualitative or quantitative attributes of a variable or set of variables. Data are typically the results of measurements and can be the basis of graphs, images, or observations of a set of variables. Data are often viewed as the lowest level of abstraction from which...

, technology
Technology
Technology is the making, usage, and knowledge of tools, machines, techniques, crafts, systems or methods of organization in order to solve a problem or perform a specific function. It can also refer to the collection of such tools, machinery, and procedures. The word technology comes ;...

, the public expectation of privacy
Expectation of privacy
In United States constitutional law the expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution...

, and the legal and political issues surrounding them.

Privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...

 concerns exist wherever personally identifiable information
Personally identifiable information
Personally Identifiable Information , as used in information security, is information that can be used to uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify a single individual...

 is collected and stored – in digital form or otherwise. Improper or non-existent disclosure control can be the root cause for privacy issues. Data privacy issues can arise in response to information from a wide range of sources, such as:
  • Healthcare records
  • Criminal justice
    Criminal justice
    Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...

     investigations and proceedings
  • Financial
    FINANCIAL
    FINANCIAL is the weekly English-language newspaper with offices in Tbilisi, Georgia and Kiev, Ukraine. Published by Intelligence Group LLC, FINANCIAL is focused on opinion leaders and top business decision-makers; It's about world’s largest companies, investing, careers, and small business. It is...

     institutions and transactions
  • Biological traits, such as genetic material
  • Residence
    House
    A house is a building or structure that has the ability to be occupied for dwelling by human beings or other creatures. The term house includes many kinds of different dwellings ranging from rudimentary huts of nomadic tribes to free standing individual structures...

     and geographic records
  • Ethnicity
  • Privacy Breach


The challenge in data privacy is to share data while protecting personally identifiable information. The fields of data security
Data security
Data security is the means of ensuring that data is kept safe from corruption and that access to it is suitably controlled. Thus data security helps to ensure privacy. It also helps in protecting personal data. Data security is part of the larger practice of Information security.- Disk Encryption...

 and information security
Information security
Information security means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, perusal, inspection, recording or destruction....

 design and utilize software, hardware and human resources to address this issue.

Internet

The ability to control what information one reveals about oneself over the Internet, and who can access that information, has become a growing concern. These concerns include whether email
Email
Electronic mail, commonly known as email or e-mail, is a method of exchanging digital messages from an author to one or more recipients. Modern email operates across the Internet or other computer networks. Some early email systems required that the author and the recipient both be online at the...

 can be stored or read by third parties without consent, or whether third parties can track the web sites someone has visited. Another concern is whether web sites which are visited collect, store, and possibly share personally identifiable information
Personally identifiable information
Personally Identifiable Information , as used in information security, is information that can be used to uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify a single individual...

 about users.

The advent of various search engines
Web search engine
A web search engine is designed to search for information on the World Wide Web and FTP servers. The search results are generally presented in a list of results often referred to as SERPS, or "search engine results pages". The information may consist of web pages, images, information and other...

 and the use of data mining
Data mining
Data mining , a relatively young and interdisciplinary field of computer science is the process of discovering new patterns from large data sets involving methods at the intersection of artificial intelligence, machine learning, statistics and database systems...

 created a capability for data about individuals to be collected and combined from a wide variety of sources very easily. The FTC has provided a set of guidelines that represent widely-accepted concepts concerning fair information practices in an electronic marketplace called the Fair Information Practice Principles.

In order not to give away too much personal information, e-mails should be encrypted and browsing of webpages as well as other online activities should be done traceless via anonymizers, or, in cases those are not trusted, by open source distributed anonymizers, so called mix nets, such as I2P - The Anonymous Network
I2P
I2P is a mixed-license, free and open source project building an anonymous network .The network is a simple layer that applications can use to anonymously and securely send...

 or tor
Tor (anonymity network)
Tor is a system intended to enable online anonymity. Tor client software routes Internet traffic through a worldwide volunteer network of servers in order to conceal a user's location or usage from someone conducting network surveillance or traffic analysis...

.

Cable television

The ability to control what information one reveals about oneself over cable television, and who can access that information. For example, third parties can track IP TV programs someone has watched at any given time. "The addition of any information in a broadcasting stream is not required for an audience rating survey, additional devices are not requested to be installed in the houses of viewers or listeners, and without the necessity of their cooperation, audience ratings can be automatically performed in real-time."

Medical

A person may not wish for their medical records to be revealed to others. This may be because they have concern that it might affect their insurance coverages or employment. Or it may be because they would not wish for others to know about medical or psychological conditions or treatments which would be embarrassing. Revealing medical data could also reveal other details about one's personal life (such as about one's sexual activity for example).
Privacy Breach
Physicians and psychiatrists in many cultures and countries have standards for doctor-patient relationship
Doctor-patient relationship
The doctor-patient relationship is central to the practice of healthcare and is essential for the delivery of high-quality health care in the diagnosis and treatment of disease. The doctor-patient relationship forms one of the foundations of contemporary medical ethics...

s which include maintaining confidentiality. In some cases the physician-patient privilege
Physician-patient privilege
Physician–patient privilege is a legal concept, related to medical confidentiality, that protects communications between a patient and his or her doctor from being used against the patient in court. It is a part of the rules of evidence in many common law jurisdictions...

 is legally protected. These practices are in place to protect the dignity of patients, and to ensure that patients will feel free to reveal complete and accurate information required for them to receive the correct treatment.

Financial

Information about a person's financial transactions, including the amount of assets, positions held in stocks or funds, outstanding debts, and purchases can be sensitive. If criminals gain access to information such as a person's accounts or credit card numbers, that person could become the victim of fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...

 or identity theft
Identity theft
Identity theft is a form of stealing another person's identity in which someone pretends to be someone else by assuming that person's identity, typically in order to access resources or obtain credit and other benefits in that person's name...

. Information about a person's purchases can reveal a great deal about that person's history, such as places he/she has visited, whom he/she has contacted with, products he/she has used, his/her activities and habits, or medications he/she has used. In some cases corporations might wish to use this information to target individuals with marketing
Marketing
Marketing is the process used to determine what products or services may be of interest to customers, and the strategy to use in sales, communications and business development. It generates the strategy that underlies sales techniques, business communication, and business developments...

 customized towards those individual's personal preferences, something which that person may or may not approve of.

Political

Political privacy
Political privacy
Political privacy has been a concern since voting systems emerged in ancient times. The secret ballot is the simplest and most widespread measure to ensure that political views are not known to anyone other than the voter—it is nearly universal in modern democracy, and considered a basic right of...

 has been a concern since voting system
Voting system
A voting system or electoral system is a method by which voters make a choice between options, often in an election or on a policy referendum....

s emerged in ancient times. The secret ballot
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...

 is the simplest and most widespread measure to ensure that political views are not known to anyone other than the voter themself—it is nearly universal in modern democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...

, and considered to be a basic right of citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...

. In fact even where other rights of privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...

 do not exist, this type of privacy very often does. The United States has laws governing privacy of private health information, see HIPAA and the HITECH Act.

Legality

The legal protection of the right to privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...

 in general - and of data privacy in particular - varies greatly around the world.
There is a significant challenge for organizations that hold sensitive data to achieve and maintain compliance
Regulatory compliance
In general, compliance means conforming to a rule, such as a specification, policy, standard or law. Regulatory compliance describes the goal that corporations or public agencies aspire to in their efforts to ensure that personnel are aware of and take steps to comply with relevant laws and...

 with so many regulations that have relevance to information privacy.

Safe Harbor Program and Passenger Name Record issues

The United States Department of Commerce
United States Department of Commerce
The United States Department of Commerce is the Cabinet department of the United States government concerned with promoting economic growth. It was originally created as the United States Department of Commerce and Labor on February 14, 1903...

 created the International Safe Harbor Privacy Principles certification program in response to the 1995 Directive on Data Protection
Directive 95/46/EC on the protection of personal data
The Data Protection Directive is a European Union directive which regulates the processing of personal data within the European Union...

 (Directive 95/46/EC) of the European Commission. Directive 95/46/EC declares in Chapter IV Article 25 that personal data may only be transferred from the countries in the European Economic Area
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...

 to countries which provide adequate privacy protection. Historically, establishing adequacy required the creation of national laws broadly equivalent to those implemented by Directive 95/46/EU. Although there are exceptions to this blanket prohibition - for example where the disclosure to a country outside the EEA is made with the consent of the relevant individual (Article 26(1)(a)) - they are limited in practical scope. As a result, Article 25 created a legal risk to organisations which transfer personal data from Europe to the United States.

The program has an important issue on the exchange of Passenger Name Record
Passenger Name Record
In the travel industry, a passenger name record is a record in the database of a computer reservation system that contains the itinerary for a passenger, or a group of passengers traveling together...

 information between the EU and the US. According to the EU directive, personal data may only be transferred to third countries if that country provides an adequate level of protection. Some exceptions to this rule are provided, for instance when the controller himself can guarantee that the recipient will comply with the data protection rules.

The European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....

 has set up the "Working party on the Protection of Individuals with regard to the Processing of Personal Data," commonly known as the "Article 29 Working Party". The Working Party gives advice about the level of protection in the European Union and third countries.

The Working Party negotiated with U.S. representatives about the protection of personal data, the Safe Harbor Principles
Safe Harbor Principles
US-EU Safe Harbor is a streamlined process for US companies to comply with the EU Directive 95/46/EC on the protection of personal data.Intended for organizations within the EU or US that store customer data, the Safe Harbor Principles are designed to prevent accidental information disclosure or loss...

 were the result. Notwithstanding that approval, the self assessment approach of the Safe Harbor remains controversial with a number of European privacy regulators and commentators.

The Safe Harbor program addresses this issue in a unique way: rather than a blanket law imposed on all organisations in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, a voluntary program is enforced by the FTC. U.S. organisations which register with this program, having self-assessed their compliance with a number of standards, are "deemed adequate" for the purposes of Article 25. Personal information can be sent to such organisations from the EEA without the sender being in breach of Article 25 or its EU national equivalents. The Safe Harbor was approved as providing adequate protection for personal data, for the purposes of Article 25(6), by the European Commission on 26 July 2000.

The Safe Harbor is not a perfect solution to the challenges posed by Article 25. In particular, adoptee organisations need to carefully consider their compliance with the onward transfer obligations, where personal data originating in the EU is transferred to the US Safe Harbor, and then onward to a third country. The alternative compliance approach of "binding corporate rules
Binding corporate rules
Binding Corporate Rules or "BCRs" were developed by the European Union Article 29 Working Party to allow multinational corporations, international organizations and groups of companies to make intra-organizational transfers of personal data across borders in compliance with EU Data Protection Law...

" , recommended by many EU privacy regulators, resolves this issue. In addition, any dispute arising in relation to the transfer of HR data to the US Safe Harbor must be heard by a panel of EU privacy regulators.

In July 2007, a new, controversial, Passenger Name Record
Passenger Name Record
In the travel industry, a passenger name record is a record in the database of a computer reservation system that contains the itinerary for a passenger, or a group of passengers traveling together...

 agreement between the US and the EU was undersigned.
A short time afterwards, the Bush administration gave exemption for the Department of Homeland Security, for the Arrival and Departure System (ADIS) and for the Automated Target System from the 1974 Privacy Act.

In February 2008, Jonathan Faull, the head of the EU's Commission of Home Affairs, complained about the US bilateral policy concerning PNR. The US had signed in February 2008 a memorandum of understanding (MOU) with the Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....

 in exchange of a VISA waiver scheme, without concerting before with Brussels. The tensions between Washington and Brussels are mainly caused by a lesser level of data protection in the US, especially since foreigners do not benefit from the US Privacy Act of 1974
Privacy Act of 1974
The Privacy Act of 1974, 5 U.S.C. § 552a, Public Law No. 93-579, establishes a Code of Fair Information Practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies...

. Other countries approached for bilateral MOU included the United Kingdom, Estonia, Germany and Greece.

Protecting privacy in information systems

As heterogeneous information systems with differing privacy rules are interconnected and information is shared, policy appliances
Policy appliances
Policy appliances are technical control and logging mechanisms to enforce or reconcile policy rules and to ensure accountability in information systems...

 will be required to reconcile, enforce and monitor an increasing amount of privacy policy rules (and laws). There are two categories of technology to address privacy protection in commercial
Commerce
While business refers to the value-creating activities of an organization for profit, commerce means the whole system of an economy that constitutes an environment for business. The system includes legal, economic, political, social, cultural, and technological systems that are in operation in any...

 IT systems: communication and enforcement.

Policy Communication
  • P3P
    P3P
    The Platform for Privacy Preferences Project, or P3P, is a protocol allowing websites to declare their intended use of information they collect about browsing users...

     - The Platform for Privacy Preferences. P3P is a standard for communicating privacy practices and comparing them to the preferences of individuals.


Policy Enforcement
  • XACML
    XACML
    XACML stands for eXtensible Access Control Markup Language. The standard defines a declarative access control policy language implemented in XML and a processing model describing how to evaluate authorization requests according to the rules defined in policies.As a published standard...

     - The Extensible Access Control Markup Language together with its Privacy Profile is a standard for expressing privacy policies in a machine-readable language which a software system can use to enforce the policy in enterprise IT systems.
  • EPAL
    Enterprise Privacy Authorization Language
    Enterprise Privacy Authorization Language is a formal language for writing enterprise privacy policies to govern data handling practices in IT systems according to fine-grained positive and negative authorization rights...

     - The Enterprise Privacy Authorization Language is very similar to XACML, but is not yet a standard.
  • WS-Privacy - "Web Service Privacy" will be a specification for communicating privacy policy in web service
    Web service
    A Web service is a method of communication between two electronic devices over the web.The W3C defines a "Web service" as "a software system designed to support interoperable machine-to-machine interaction over a network". It has an interface described in a machine-processable format...

    s. For example, it may specify how privacy policy information can be embedded in the SOAP
    SOAP
    SOAP, originally defined as Simple Object Access Protocol, is a protocol specification for exchanging structured information in the implementation of Web Services in computer networks...

     envelope of a web service message.


Protecting Privacy on the Internet
On the internet you almost always give away a lot of information about yourself: Unencrypted e-mails can be read by the administrators of the e-mail server, if the connection is not encrypted (no https), and also the internet service provider and other parties sniffing the traffic of that connection are able to know the contents.
Furthermore, the same applies to any kind of traffic generated on the internet (webbrowsing, instant messaging, ...)
In order not to give away too much personal information, e-mails can be encrypted and browsing of webpages as well as other online activities can be done traceless via anonymizers, or, in cases those are not trusted, by open source distributed anonymizers, so called mix nets.
Renowned open-source mix nets are I2P - The Anonymous Network
I2P
I2P is a mixed-license, free and open source project building an anonymous network .The network is a simple layer that applications can use to anonymously and securely send...

 or tor
Tor (anonymity network)
Tor is a system intended to enable online anonymity. Tor client software routes Internet traffic through a worldwide volunteer network of servers in order to conceal a user's location or usage from someone conducting network surveillance or traffic analysis...

.

See also

  • Privacy
    Privacy
    Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...

  • Data Privacy Day
    Data Privacy Day
    Data Privacy Day is an international holiday that occurs every January 28. The purpose of Data Privacy Day is to raise awareness and promote privacy education. It is currently celebrated in the United States, Canada, and 27 European countries...

     (January 28)
  • Data security
    Data security
    Data security is the means of ensuring that data is kept safe from corruption and that access to it is suitably controlled. Thus data security helps to ensure privacy. It also helps in protecting personal data. Data security is part of the larger practice of Information security.- Disk Encryption...

  • Data retention
    Data retention
    Data retention defines the policies of persistent data and records management for meeting legal and business data archival requirements. A data retention policy weighs legal and privacy concerns against economics and need to know concerns to determine both the retention time, archival rules, data...

  • Data Loss Prevention
  • Authentication
    Authentication
    Authentication is the act of confirming the truth of an attribute of a datum or entity...

  • Differential privacy
    Differential privacy
    Differential privacy aims to provide means to maximize the accuracy of queries from statistical databases while minimizing the chances of identifying its records.- Situation :...

  • Digital Inheritance
    Digital inheritance
    Digital inheritance is the process of handing over digital assets to beneficiaries.- History :The Roman law introduced the concept of universal succession, which means that e.g...

  • Privacy enhancing technologies
    Privacy enhancing technologies
    Privacy enhancing technologies is a general term for a set of computer tools, applications and mechanisms which - when integrated in online services or applications, or when used in conjunction with such services or applications - allow online users to protect the privacy of their personally...

  • I2P - The Anonymous Network
    I2P
    I2P is a mixed-license, free and open source project building an anonymous network .The network is a simple layer that applications can use to anonymously and securely send...

  • Privacy software
    Privacy software
    Privacy software is software built to protect the privacy of its users. The software typically works in conjunction with Internet usage to control or limit the amount of information made available to third-parties. The software can apply encryption or filtering of various kinds.Privacy software can...

  • Privacy International
    Privacy International
    Privacy International is a UK-based non-profit organisation formed in 1990, "as a watchdog on surveillance and privacy invasions by governments and corporations." PI has organised campaigns and initiatives in more than fifty countries and is based in London, UK.-Formation, background and...

  • International Association of Privacy Professionals
    International Association of Privacy Professionals
    The International Association of Privacy Professionals , headquartered in Portsmouth, New Hampshire, is a global association of privacy and security professionals. With more than 9,000 individual and corporate members in 73 countries, the IAPP seeks to define, promote and improve the profession of...

  • Office of the Privacy Commissioner
    Office of the Privacy Commissioner
    The Office of the Privacy Commissioner was an Australian Government agency, until 31 October 2010 when it ceased to exist, its functions and staff being absorbed by the Office of the Australian Information Commissioner which came into existence and commenced operations on 1 November 2010....

  • Privacy Act (Canada)
  • Data Protection Commissioner
    Data Protection Commissioner
    In Ireland, the Data Protection Commissioner is the person responsible for the enforcement and monitoring of compliance with data protection legislation, including the Data Protection Acts, 1988-2003. He is also responsible for investigating breaches of the legislation and prosecuting the senders...

  • Office of the Data Protection Supervisor
    Office of the Data Protection Supervisor
    The Isle of Man Data Protection Supervisor is responsible for the administration of data protection in the Isle of Man under the Data Protection Act 2002 . The office was originally created as the Isle of Man Data Protection Registrar by the Data Protection Act 1986...



Scholars working in the field
  • Stefan Brands
    Stefan Brands
    Stefan Brands is an entrepreneur and former cryptography researcher whose work has focused on digital identity, electronic money, and information privacy. He obtained his doctorate from Eindhoven University of Technology while at CWI in Amsterdam. In 2002 Stefan founded Credentica to advance his...

  • Adam Back
    Adam Back
    Adam Back is a British cryptographer and crypto-hacker.He is the inventor of hashcash, a proof-of-work system for protecting against email spam and other denial-of-service attacks. He wrote credlib...

  • Lance Cottrell
    Lance Cottrell
    Lance Cottrell develops Internet privacy systems. Cottrell launched the first commercial privacy service, Anonymizer.com, in 1995 while studying towards a PhD in Astrophysics at the University of California, San Diego. Cottrell was the original coder for the Mixmaster anonymous remailer and...

  • Cynthia Dwork
    Cynthia Dwork
    Cynthia Dwork is a distinguished scientist at Microsoft Research who works on distributed computing, cryptography, and e-mail spam prevention....

  • Ian Goldberg
    Ian Goldberg
    Ian Avrum Goldberg is a cryptographer and cypherpunk. He is best known for breaking Netscape's implementation of SSL , and for his role as Chief Scientist of Radialpoint , a Canadian software company...

  • Peter Gutmann
    Peter Gutmann (computer scientist)
    Peter Gutmann is a computer scientist in the Department of Computer Science at the University of Auckland, Auckland, New Zealand. He has a Ph.D. in computer science from the University of Auckland. His Ph.D. thesis and a book based on the thesis were about a cryptographic security architecture...


External links

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Europe

North America

Journals
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