Privacy & Data-Mining On The Internet
Data Mining Challenges: Customer Privacy, Difference Between Data And Data mining refers to the extraction of business relevant information from large Number crunching to find relationships between and among variables yields. Internet data collection and data-mining present exciting business opportunities. The Current State of United States Data Privacy Law; The European Union .. and ongoing business or personal relationship, unless the recipient provides an . aspect is the use of data mining to improve security, e.g., for intrusion detection. data sets to find unsuspected relationships and to summarize the data in novel.
Think here, for instance, about information disclosed on Facebook or other social media. All too easily, such information might be beyond the control of the individual. Statements about privacy can be either descriptive or normative, depending on whether they are used to describe the way people define situations and conditions of privacy and the way they value them, or are used to indicate that there ought to be constraints on the use of information or information processing.
Informational privacy in a normative sense refers typically to a non-absolute moral right of persons to have direct or indirect control over access to 1 information about oneself, 2 situations in which others could acquire information about oneself, and 3 technology that can be used to generate, process or disseminate information about oneself.
There are basically two reactions to the flood of new technology and its impact on personal information and privacy: The other reaction is that our privacy is more important than ever and that we can and we must attempt to protect it.
In the literature on privacy, there are many competing accounts of the nature and value of privacy. On one end of the spectrum, reductionist accounts argue that privacy claims are really about other values and other things that matter from a moral point of view.
According to these views the value of privacy is reducible to these other values or sources of value Thomson Proposals that have been defended along these lines mention property rights, security, autonomy, intimacy or friendship, democracy, liberty, dignity, or utility and economic value. Reductionist accounts hold that the importance of privacy should be explained and its meaning clarified in terms of those other values and sources of value Westin Views that construe privacy and the personal sphere of life as a human right would be an example of this non-reductionist conception.
More recently a type of privacy account has been proposed in relation to new information technology, that acknowledges that there is a cluster of related moral claims cluster accounts underlying appeals to privacy DeCew ; Solove ; van den Hoven ; Allen ; Nissenbaumbut maintains that there is no single essential core of privacy concerns. A recent final addition to the body of privacy accounts are epistemic accounts, where the notion of privacy is analyzed primarily in terms of knowledge or other epistemic states.
Having privacy means that others don't know certain private propositions; lacking privacy means that others do know certain private propositions Blaauw An important aspect of this conception of having privacy is that it is seen as a relation Rubel ; Matheson ; Blaauw with three argument places: Here S is the subject who has a certain degree of privacy.
Another distinction that is useful to make is the one between a European and a US American approach. A bibliometric study suggests that the two approaches are separate in the literature. In discussing the relationship of privacy matters with technology, the notion of data protection is most helpful, since it leads to a relatively clear picture of what the object of protection is and by which technical means the data can be protected. At the same time it invites answers to the question why the data ought to be protected.
Informational privacy is thus recast in terms of the protection of personal data van den Hoven Examples include date of birth, sexual preference, whereabouts, religion, but also the IP address of your computer or metadata pertaining to these kinds of information.
Personal data can be contrasted with data that is considered sensitive, valuable or important for other reasons, such as secret recipes, financial data, or military intelligence.
Data that is used to secure other information, such as passwords, are not considered here. Although such security measures may contribute to privacy, their protection is only instrumental to the protection of other information, and the quality of such security measures is therefore out of the scope of our considerations here.
A relevant distinction that has been made in philosophical semantics is that between the referential and the attributive use of descriptive labels of persons van den Hoven Personal data is defined in the law as data that can be linked with a natural person. There are two ways in which this link can be made; a referential mode and a non-referential mode. In this case, the user of the description is not—and may never be—acquainted with the person he is talking about or wants to refer to.
If the legal definition of personal data is interpreted referentially, much of the data about persons would be unprotected; that is the processing of this data would not be constrained on moral grounds related to privacy or personal sphere of life. Unrestricted access by others to one's passwords, characteristics, and whereabouts can be used to harm the data subject in a variety of ways.
Personal data have become commodities. Individuals are usually not in a good position to negotiate contracts about the use of their data and do not have the means to check whether partners live up to the terms of the contract. Data protection laws, regulation and governance aim at establishing fair conditions for drafting contracts about personal data transmission and exchange and providing data subjects with checks and balances, guarantees for redress. Informational injustice and discrimination: Personal information provided in one sphere or context for example, health care may change its meaning when used in another sphere or context such as commercial transactions and may lead to discrimination and disadvantages for the individual.
Encroachment on moral autonomy: Lack of privacy may expose individuals to outside forces that influence their choices. These formulations all provide good moral reasons for limiting and constraining access to personal data and providing individuals with control over their data. The basic moral principle underlying these laws is the requirement of informed consent for processing by the data subject.
Furthermore, processing of personal information requires that its purpose be specified, its use be limited, individuals be notified and allowed to correct inaccuracies, and the holder of the data be accountable to oversight authorities OECD Because it is impossible to guarantee compliance of all types of data processing in all these areas and applications with these rules and laws in traditional ways, so-called privacy-enhancing technologies and identity management systems are expected to replace human oversight in many cases.
The challenge with respect to privacy in the twenty-first century is to assure that technology is designed in such a way that it incorporates privacy requirements in the software, architecture, infrastructure, and work processes in a way that makes privacy violations unlikely to occur.
Typically, this involves the use of computers and communication networks. The amount of information that can be stored or processed in an information system depends on the technology used. The capacity of the technology has increased rapidly over the past decades, in accordance with Moore's law. This holds for storage capacity, processing capacity, and communication bandwidth. We are now capable of storing and processing data on the exabyte level.
These developments have fundamentally changed our practices of information provisioning. Even within the academic research field, current practices of writing, submitting, reviewing and publishing texts such as this one would be unthinkable without information technology support.
At the same time, many parties collate information about publications, authors, etc. This enables recommendations on which papers researchers should read, but at the same time builds a detailed profile of each individual researcher. The rapid changes have increased the need for careful consideration of the desirability of effects.
Some even speak of a digital revolution as a technological leap similar to the industrial revolution, or a digital revolution as a revolution in understanding human nature and the world, similar to the revolutions of Copernicus, Darwin and Freud Floridi In both the technical and the epistemic sense, emphasis has been put on connectivity and interaction. Physical space has become less important, information is ubiquitous, and social relations have adapted as well.
Information privacy - Wikipedia
As connectivity increases access to information, it also increases the possibility for agents to act based on the new sources of information. When these sources contain personal information, risks of harm, inequality, discrimination, and loss of autonomy easily emerge.
For example, your enemies may have less difficulty finding out where you are, users may be tempted to give up privacy for perceived benefits in online environments, and employers may use online information to avoid hiring certain groups of people. Furthermore, systems rather than users may decide which information is displayed, thus confronting users only with news that matches their profiles.
Although the technology operates on a device level, information technology consists of a complex system of socio-technical practices, and its context of use forms the basis for discussing its role in changing possibilities for accessing information, and thereby impacting privacy.
We will discuss some specific developments and their impact in the following sections. The World Wide Web of today was not foreseen, and neither was the possibility of misuse of the Internet.Social Media Data Privacy Awareness
Social network sites emerged for use within a community of people who knew each other in real life—at first, mostly in academic settings—rather than being developed for a worldwide community of users Ellison It was assumed that sharing with close friends would not cause any harm, and privacy and security only appeared on the agenda when the network grew larger. This means that privacy concerns often had to be dealt with as add-ons rather than by-design.
Similarly, features of social network sites embedded in other sites e. Previously, whereas information would be available from the web, user data and programs would still be stored locally, preventing program vendors from having access to the data and usage statistics. In cloud computing, both data and programs are online in the cloudand it is not always clear what the user-generated and system-generated data are used for. Moreover, as data is located elsewhere in the world, it is not even always obvious which law is applicable, and which authorities can demand access to the data.
Data gathered by online services and apps such as search engines and games are of particular concern here. Which data is used and communicated by applications browsing history, contact lists, etc.
Some special features of Internet privacy social media and Big Data are discussed in the following sections. The question is not merely about the moral reasons for limiting access to information, it is also about the moral reasons for limiting the invitations to users to submit all kinds of personal information.
Users are tempted to exchange their personal data for the benefits of using services, and provide both this data and their attention as payment for the services. Merely limiting the access to personal information does not do justice to the issues here, and the more fundamental question lies in steering the users' behavior of sharing.
Privacy and Information Technology
One way of limiting the temptation of users to share is requiring default privacy settings to be strict. Also, such restrictions limit the value and usability of the social network sites themselves, and may reduce positive effects of such services.
A particular example of privacy-friendly defaults is the opt-in as opposed to the opt-out approach. When the user has to take an explicit action to share data or to subscribe to a service or mailing list, the resulting effects may be more acceptable to the user. This is not only data explicitly entered by the user, but also numerous statistics on user behavior: Data mining can be employed to extract patterns from such data, which can then be used to make decisions about the user.
These may only affect the online experience advertisements shownbut, depending on which parties have access to the information, they may also impact the user in completely different contexts. In particular, Big Data may be used in profiling the user Hildebrandtcreating patterns of typical combinations of user properties, which can then be used to predict interests and behavior. These derivations could then in turn lead to inequality or discrimination. When a user can be assigned to a particular group, even only probabilistically, this may influence the actions taken by others.
For example, profiling could lead to refusal of insurance or a credit card, in which case profit is the main reason for discrimination. Profiling could also be used by organizations or possible future governments that have discrimination of particular groups on their political agenda, in order to find their targets and deny them access to services, or worse.
Big Data does not only emerge from Internet transactions. Similarly, data may be collected when shopping, when being recorded by surveillance cameras in public or private spaces, or when using smartcard-based public transport payment systems.
All these data could be used to profile citizens, and base decisions upon such profiles. For example, shopping data could be used to send information about healthy food habits to particular individuals, but again also for decisions on insurance. According to EU data protection law, permission is needed for processing personal data, and they can only be processed for the purpose for which they were obtained. One particular concern could emerge from genetics data Tavani Like other data, genomics can be used to predict, and in particular could predict risks of diseases.
Apart from others having access to detailed user profiles, a fundamental question here is whether the individual should know what is known about her. In general, users could be said to have a right to access any information stored about them, but in this case, there may also be a right not to know, in particular when knowledge of the data e. With respect to previous examples, one may not want to know the patterns in one's own shopping behavior either. These devices typically contain a range of data-generating sensors, including GPS locationmovement sensors, and cameras, and may transmit the resulting data via the Internet or other networks.
One particular example concerns location data. Many mobile devices have a GPS sensor that registers the user's location, but even without a GPS sensor, approximate locations can be derived, for example by monitoring the available wireless networks.
As location data links the online world to the user's physical environment, with the potential of physical harm stalking, burglary during holidays, etc. Many of these devices also contain cameras which, when applications have access, can be used to take pictures. These can be considered sensors as well, and the data they generate may be particularly private. The vendor ultimately ceased making social security numbers availability.
Cookies are small data files sent by Web sites to the hard drives of computers which are used to visit the Web site.
These data files are individually distinct and allow the Web site to track each particular visitor to a Web site.
Cookies raise privacy concerns because they allow Web site operators to keep records of what a Web site visitor does at the site, who the visitors are and where they can be reached by the Web site operator. Several other laws are potentially relevant to this issue, however. Electronic Communications Privacy Act 18 U. Protects email from disclosure or use of the message contents by anyone except the intended recipient.
Federal Trade Commission Act 15 U. Those companies may be sued by the FTC as a result. Privacy Torts In the United States, it is conceivable that an individual could rely on a common law state privacy tort to enforce a claim of a privacy violation.
This tort requires the following elements to be demonstrated: Intention or knowledge Reasonable expectation of privacy The principal issue is whether there is a reasonable expectation of privacy on the Internet. Although there is no authority on this issue to date, numerous polls have been taken which reflect that people fear they have no privacy on the Internet.
Public Disclosure of Private Facts: Publicity of the information to the "public at large" The defendant must have caused the disclosure The facts must have initially been private The disclosure must be "highly offensive to a reasonable person. Many states have adopted statutes which govern misappropriation, with the intent to protect the use of celebrity names. However, the language in these statutes may be sufficiently broad to support a claim based on the commercial use of ordinary personal information.
Delphi Internet Services Corp. Howard Stern, the radio celebrity, sued Delphi, an ISP, over the use of his picture on one of their electronic bulletin boards. Stern sued under a New York privacy statute. The court held that Delphi was not liable because its use was an incidental use, an exception to the statute. Self-Regulation Many trade associations have privacy principles and guidelines which govern how their members do business.
Here are two examples: The Direct Marketing Association http: It has promulgated general guidelines for protecting personal data, as well as specific principles for electronic commerce. DMA has recently decided to require that all its members abide by these ethical guidelines or they will be expelled from DMA. This requirement will begin in July Guidelines for Personal Information Protection 1 Personal data should be collected by fair and lawful means for a direct marketing purpose.
Direct marketers should prominently display a notice that indicates who they are, what information they are collecting, the purposes of collecting the information, the types of people who will receive the information and the method by which one can limit the disclosure of information.
Marketers should inform customers of their opt-out choices and act upon the wishes of the consumers. These messages should be clearly marked as solicitations and identify the marketer. Marketers should also provide recipients with a method of preventing future messages from being sent to those recipients.
Marketers should take into account their audience when deciding whether to collect data. Marketers should encourage parents to monitor their children while their children are online. Use of collected data should be limited to marketing purposes. Trustmark recipients must have a privacy statement which discloses at a minimum: What type of data is gathered How the data will be used Who will receive the data.
Recipients must display the trustmark and adhere to its privacy statement. The Directive must be adopted by each of the 15 members of the European Union by October 24, Key Provisions of the Directive for European Actors 1.
Scope Articles 2, 3 Personal data is broadly defined to include any information relating to an identified or identifiable natural person. Processing of personal data is also broadly defined. It means any operation or set of operations which is performed upon personal data, whether or not by automatic means.
The Directive applies to the processing of personal data which occurs at least partly by automatic means or to processing which either forms part of a filing system or is intended to form part of a filing system. Exception The Directive does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity.
Data Quality Article 6 Personal data collected must be -- Processed fairly and lawfully Collected for specified, explicit and legitimate purposes without further processing incompatible with those purposes Adequate, relevant and not excessive in relation to the purposes of collection or processing Accurate and kept up to date where necessary Kept no longer than necessary in a form which identifies the data subjects.
Legitimacy of Data Processing Article 7 Personal information may only be processed if -- The data subject unambiguously provides consent or Processing is necessary for a contract of which the data subject is a party or Processing is necessary to comply with a legal obligation of the data subject or the data controller or Processing is necessary for a task carried out in the public interest.
Special Categories of Data Article 8 The Directive has special treatment for personal information which reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, union membership and data involving health or sex life. Data Controller Identification Articles 10, 11 The data subject must be provided with the identity of the data controller, the purposes of the data processing and any other information that is necessary to ensure that personal information is processed in a fair and lawful manner.
Access Rights Article 12 Every data subject shall have the right to obtain the following information from the controller: Confirmation as to whether the data relating to the subject is being processed The purpose of the processing The categories of data being processed The recipients or categories of recipients who will receive the data.
Additionally, the data subject has, where appropriate, the right against the data controller to rectify, erase or block data processing which does not comply with the Directive, if the data is incomplete or inaccurate.
Objection Rights Article 14 A data subject has the right to object to personal information processing for direct marketing or other purposes. Automated Processing Opt-out Provision Article 15 A data subject has the right not to be subject to a decision based solely on automated data processing, which is intended to evaluate personal aspects of the data subject, such as creditworthiness, and will have legal or otherwise significant effects on the subject.
Remedies Articles 22, 23, 24 Individuals may seek recourse under their respective national laws. Data subjects are entitled to receive compensation for damages from the appropriate data controller, if the controller was responsible for the damages. Implications for Non-European Actors 1. European Member States may only allow for the transfer of personal data to other countries if that other country ensures an "adequate level of protection.
Article 25 notes further that an adequate level of protection is to be assessed in light of all the circumstances surrounding a data transfer operation, particularly focusing on: The nature of the data The purpose and duration of the proposed processing operation The country of origin The country of final destination The rules of law in the other country The professional rules and security in the other country. The Member States are to inform each other of countries that do not provide an adequate level of protection.
They are also to take appropriate measures to prevent the transfer of data to those countries which do not meet their requirements. This Paper contemplates the creation of White Lists of nations which possess adequate data protection. For those nations not on the White Lists, the Paper sets forth a category of transfers that would be particularly sensitive and more likely to be carefully examined: Transfers of sensitive information described in Article 8 of the Directive Transfers which carry the risk of financial loss such as credit card payments over the Internet Transfers carrying a risk to personal safety Transfers made for the purpose of making a decision which significantly affects an individual such as whether to grant credit Repetitive transfers involving massive volumes of data Transfers involving the collection of data in a covert or clandestine manner such as Internet cookies.
In defining "adequate protection," the Working Party noted the two key elements are the content of the equivalent rules and the means by which those rules are enforced. Data should only be processed for a specific purpose. Data should be accurate and not excessive in relation to the purpose of its acquisition. Subjects should be informed of the identity of the data controller and the purpose of the processing.
The data controller should take appropriate technical and organizational security measures. The data subject should have the right to obtain the data obtained by the controller, the right to clarify inaccuracies and the right to oppose certain uses of the data. Further transfers should only be allowed if the next country also has an adequate level of protection. Additional safeguards should protect sensitive data of the kind listed in Article 8.
Data subjects should be able to opt-out of the use of their data for direct marketing purposes. Data subjects should have safeguards when the data is to be used in automated individual decisions. In addition, the following 3 principles were offered for their use when they apply: Aside from the issue of the content of the rules, the Working Party observed that to effectively enforce the rules, a system must 1 ensure a good level of compliance, 2 support and help individual data subjects to enforce their rights and 3 provide appropriate redress when the rules are violated.
Potential Safe Harbors Article 26 The Directive allows for data transfers to occur involving other countries without an adequate level of protection under the following circumstances, including: Where the data subject has given his unambiguous consent to the proposed transfer Where the transfer is necessary for the performance of a contract between the data subject and the data controller Where the transfer is necessary for the performance of a contract which benefits the interests of the data subject, but is between the data controller and a third party.
This provision allows for a transfer where the other country does not provide an adequate level of protection, if the data controller finds adequate safeguards in the appropriate contractual clauses.
The reasons for their cautions are these: Article 26 2 still requires adequate safeguards, even in the contractual provisions.
Article 26 2 is further modified by Article 26 3. Article 26 3 places the burden on a Member State to inform the rest of the European Union about any authorizations granted under 26 2. Prohibits Federal agencies from making available through the Internet certain confidential records with respect to individuals and to provide for remedies in cases in which such records are made available through the Internet.
Requires the Commissioner of Social Security to assemble a Social Security Information Safeguards Panel to assist the Commissioner in developing appropriate mechanisms and safeguards to ensure the confidentiality and integrity of personal Social Security records made accessible to the public.
Barbara Kennelly D-CT 2. Subcommittee hearings held, April 30,