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Data privacy refers to the evolving relationship between technology and the legal right to, or public expectation of privacy in the collection and sharing of data. Please wikify (format) this article as suggested in the Guide to layout and the Manual of Style. ...
For other uses, see Data (disambiguation). ...
Privacy concerns exist wherever uniquely identifiable data relating to a person or persons are collected and stored, in digital form or otherwise. Improper or non-existent disclosure control can be the root cause for privacy issues. The most common sources of data privacy issues are:
- Health information
- Criminal justice
- Financial information
- Genetic information
- Location information
- In some cases even ethnic or gender information
The challenge in data privacy is to share data while protecting personally identifiable information. Consider the example of health data which are collected from hospitals in a district; it is standard practice to share this only in the aggregate. The idea of sharing the data in the aggregate is to ensure that only non-identifiable data are shared.
The legal protection of the right to privacy in general and of data privacy in particular varies greatly around the world. Privacy has no definite boundaries and it has different meanings for different people. ...
The Universal Declaration of Human Rights states in its article 12 that: Eleanor Roosevelt with the Spanish version of the Universal Declaration of Human Rights. ...
- No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Protecting privacy in information systems
Increasingly, as heterogeneous information systems with different privacy rules are interconnected, technical control and logging mechanisms (policy appliances) will be required to reconcile, enforce and monitor privacy policy rules (and laws) as information is shared across systems and to ensure accountability for information use. There are several technologies to address privacy protection in enterprise IT systems. These fall into two categories: communication and enforcement. Policy appliances are technical control and logging mechanisms to enforce or reconcile policy rules (informaton use rules) and to ensure accountability in information systems. ...
- Policy Communication
- P3P - The Platform for Privacy Preferences. P3P is a standard for communicating privacy practices and comparing them to the preferences of individuals.
- Policy Enforcement
- XACML - 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 - 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 services. For example, it may specify how privacy policy information can be embedded in the SOAP envelope of a web service message.
The Platform for Privacy Preferences Project, or P3P, is a protocol designed to give users more control of their personal information when browsing Internet Websites. ...
XACML stands for eXtensible Access Control Markup Language. ...
The W3C defines a Web service (many sources also capitalize the second word, as in Web Services) as a software system designed to support interoperable Machine to Machine interaction over a network. ...
SOAP (see below for name and origins) is a protocol for exchanging XML-based messages over computer networks, normally using HTTP/HTTPS. SOAP forms the foundation layer of the Web services stack, providing a basic messaging framework that more abstract layers can build on. ...
North America Data privacy is not highly legislated or regulated in the U.S.. In the United States, access to private data is culturally acceptable in many cases, such as credit reports for employment or housing purposes. Although partial regulations exist, for instance the Children's Online Privacy Protection Act and HIPAA, there is no all-encompassing law regulating the use of personal data. The culture of free speech in the U.S. may be a reason for the reluctance to trust the government to protect personal information. In the U.S. the first amendment protects free speech and in many instances privacy conflicts with this amendment. In many countries privacy has been used as a tool to suppress free speech. Motto: (Out Of Many, One) (traditional) In God We Trust (1956 to date) Anthem: The Star-Spangled Banner Capital Washington D.C. Largest city New York City None at federal level (English de facto) Government Federal constitutional republic - President George Walker Bush (R) - Vice President Dick Cheney (R) Independence from...
The Childrens Online Privacy Protection Act of 1998 (COPPA)[1] is a United States federal law, located at Title 15, Section 6501, , of the United States Code. ...
The Health Insurance Portability and Accountability Act (HIPAA) was enacted by the U.S. Congress in 1996. ...
The safe harbor arrangement was developed by the US Department of Commerce in order to provide a means for US companies to demonstrate compliance with European Commission directives and thus to simplify relations between them and European businesses. The US Safe Harbor Arrangement is a streamlined process for US companies to comply with EU Directive 95/46/EC on the protection of personal data, developed by the US Department of Commerce in consultation with EU. http://www. ...
The United States Department of Commerce is a Cabinet department of the United States government concerned with promoting economic growth. ...
The Supreme Court interpreted the Constitution to grant a right of privacy to individuals in Griswold v. Connecticut. Very few states, however, recognize an individual's right to privacy, a notable exception being California. An inalienable right to privacy is enshrined in the California Constitution's article 1, section 1, and the California legislature has enacted several pieces of legislation aimed at protecting this right. The California Online Privacy Protection Act (OPPA) of 2003 requires operators of commercial web sites or online services that collect personal information on California residents through a web site to conspicuously post a privacy policy on the site and to comply with its policy. Holding A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. ...
Official language(s) English Capital Sacramento Largest city Los Angeles Area Ranked 3rd - Total 158,302 sq mi (410,000 km²) - Width 250 miles (400 km) - Length 770 miles (1,240 km) - % water 4. ...
The 1849 Constitution was signed in Colton Hall in Monterey. ...
In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) went into effect in relation to federally regulated organizations on 1 January 2001, and in relation to all other organizations on 1 January 2004. It brings Canada into compliance with the requirements of the European Commission's directive. For more information, visit the website of the Privacy Commissioner of Canada. The text of the Act may be found at [1]. PIPEDA (the Personal Information Protection and Electronic Documents Act) is a Canadian law governing how private sector organizaitons collect, use and disclose personal information in the course of commercial business. ...
is the 1st day of the year in the Gregorian calendar. ...
Year 2001 (MMI) was a common year starting on Monday (link displays the 2001 Gregorian calendar). ...
is the 1st day of the year in the Gregorian calendar. ...
Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...
Europe The right to data privacy is heavily regulated and rigidly enforced in Europe. Article 8 of the European Convention on Human Rights (ECHR) provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions. The European Court of Human Rights has given this article a very broad interpretation in its jurisprudence. According to the Court's case law the collection of information by officials of the state about an individual without his consent always falls within the scope of article 8. Thus, gathering information for the official census, recording fingerprints and photographs in a police register, collecting medical data or details of personal expenditures and implementing a system of personal identification have been judged to raise data privacy issues. Any state interference with a person's privacy is only acceptable for the Court if three conditions are fulfilled: (1) the interference is in accordance with the law, (2) pursues a legitimate goal and (3) is necessary in a democratic society. For more information, please refer to Human Rights Handbook no. 1 (PDF) or the Council of Europe data protection page. The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe[1] in 1950 to protect human rights and fundamental freedoms. ...
European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by...
Philosophers of law ask what is law? and what should it be? Jurisprudence is the theory and philosophy of law. ...
1870 US Census for New York City A census is the process of obtaining information about every member of a population (not necessarily a human population). ...
The tip of a finger showing the friction ridge structure. ...
This article or section does not adequately cite its references or sources. ...
The government isn't the only one who might pose a threat to data privacy, far from it. Other citizens, and private companies most importantly, engage in far more threatening activities, especially since the automated processing of data became widespread. The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data was concluded within the Council of Europe in 1981. This convention obliges the signatories to enact legislation concerning the automatic processing of personal data, which many duly did. The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of the Council of Europe of 1981 extended the safeguards for everyones rights and fundamental freedoms, and in particular the right to the respect for privacy, taking account of the increasing flow across frontiers...
Anthem Ode to Joy (orchestral) ten founding members joined subsequently observer at the Parliamentary Assembly observer at the Committee of Ministers official candidate Seat Strasbourg, France Membership 47 European states 6 observers (Council) 3 observers (Assembly) Leaders - Secretary General Terry Davis - Commissioner for Human Rights Establishment - Treaty of London 5...
As all the member states of the European Union are also signatories of the European Convention on Human Rights and the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, the European Commission was concerned that diverging data protection legislation would emerge and impede the free flow of data within the EU zone. Therefore the European Commission decided to harmonize data protection regulation and proposed the Directive on the protection of personal data, which member states had to transpose into law by the end of 1998. The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe[1] in 1950 to protect human rights and fundamental freedoms. ...
The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of the Council of Europe of 1981 extended the safeguards for everyones rights and fundamental freedoms, and in particular the right to the respect for privacy, taking account of the increasing flow across frontiers...
The Commission seat in Brussels The European Commission (formally the Commission of the European Communities) is the executive body of the European Union. ...
The full title of this directive is Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data. ...
The directive contains a number of key principles which must be complied with. Anyone processing personal data must comply with the eight enforceable principles of good practice.
They say that data must be: A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. ...
- Fairly and lawfully processed.
- Processed for limited purposes.
- Adequate, relevant and not excessive.
- Accurate.
- Not kept longer than necessary.
- Processed in accordance with the data subject's rights.
- Secure.
- Not transferred to countries without adequate protection.
Personal data covers both facts and opinions about the individual. It also includes information regarding the intentions of the data controller towards the individual, although in some limited circumstances exemptions will apply. With processing, the definition is far wider than before. For example, it incorporates the concepts of 'obtaining', 'holding' and 'disclosing'. For more details on these data principles, read the article about the directive on the protection of personal data or visit the EU data protection page. The full title of this directive is Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data. ...
All EU member states adopted legislation pursuant this directive or adapted their existing laws. Each country also has its own supervisory authority to monitor the level of protection.
- In the United Kingdom the Data Protection Act 1984 was repealed by the Data Protection Act 1998. For details, visit U.K. data protection page or read the article about the Information Commissioner
- France adapted its existing law (law no. 78-17 of 6 January 1978 concerning information technology, files and civil liberties). More information is available on the website of the CNIL CNIL (in French only) (Commission Nationale de l'Informatique et des Libertés)
- In Germany both the federal government and the states enacted legislation. For details, visit the page of the Federal Data Protection Commissioner (Bundesbeauftragter für den Datenschutz).
The Data Protection Act 1984 (DPA) is a British Act of Parliament that provided a legal basis and allowing for the privacy and protection of data of individuals in the UK. It was repealed by the Data Protection Act 1998. ...
The Data Protection Act 1984 is a British Act of Parliament that provides a legal basis for the privacy and protection of data of UK citizens and businesses. ...
Ireland The Office of the Information Commissioner was set up under the terms of the Freedom of Information Act, 1997, which came into effect in April 1998. ...
is the 6th day of the year in the Gregorian calendar. ...
Year 1978 (MCMLXXVIII) was a common year starting on Sunday (link displays the 1978 Gregorian calendar). ...
The Commission nationale de linformatique et des libertés or CNIL is an independent French administrative authority whose mission is to ensure that data privacy law is applied to the collection, storage, and use of personal data. ...
Safe Harbor Program The US Department of Commerce created the Safe Harbor certification program in response to the 1995 Directive on Data Protection (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 EU to countries which provide a level of privacy protection equivalent to that of the EU. This introduced a legal risk to organizations which transfer the personal data of European citizens to servers in the USA. Such organizations could be penalized under EU laws if the privacy protection of the USA were to be deemed weaker than that of the EU. The Safe Harbor program addresses this issue. Under this program, the European Commission agreed to forbid European citizens from suing US companies for transmitting personal data into the USA. ICT
See also // Definition Data retention is the storage of telephony and internet traffic and transaction data by governments and commercial organisations. ...
Vehicular Communication Systems are systems that allow motorists to communicate freely and safely with others while driving. ...
Government databases collect personal information for various reasons (mass surveillance, Schengen Information System in the European Union, Social Security, statistics, etc. ...
External links International Australia - Office of the Privacy Commissioner
U.S. Canada Carnegie Mellon University is a private research university located in Pittsburgh, Pennsylvania. ...
The United States Department of Health and Human Services, often abbreviated HHS, is a Cabinet department of the United States government with the goal of protecting the health of all Americans and providing essential human services. ...
- Privacy Commissioner of Canada
Europe - Council of Europe data protection page
- EU data protection page - The European Commission provides elaborate information on the following subjects:
- Legislative documents
- Transposition and implementation of Directive 95/46/EC
- European Data Protection Supervisor
- National Data Protection Commissioners
- Art. 29 Data protection Working Party
- Adequacy of protection in third countries and model contracts for the transfer of personal data to third countries
- International links
- Commission nationale de l'informatique et des libertés, the regulatory body enforcing privacy rules in data bases in France.
Resources - IEEE Security & Privacy magazine
- Journal of Privacy Technology
- European Privacy Protection for Wikipedia Users on the blog of Jean-Baptiste Soufron
- Proposal for a Privacy Protection Guideline on Secret Personal Data Gathering and Transborder Flows of Such Data in the Fight against Terrorism and Serious Crime
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