Organizational Accountability, Government Use of Private-Sector Data, National Security, and Individual Privacy

2017 ◽  
Author(s):  
James X. Dempsey ◽  
Fred H. Cate ◽  
Martin Abrams
Keyword(s):  
Private Sector ◽  
National Security ◽  
Personal Information ◽  
Personal Data ◽  
Government Agencies ◽  
Individual Privacy ◽  
The Face ◽  
A Chain ◽  
A Company ◽  
Sector Data

Companies that collect personal data in the course of their business must be accountable for the safe and fair management of that data. The accountability of companies as data stewards extends to processing by their vendors and partners to whom data is disclosed, in a chain of accountability that can extend through multiple links. However, when a government entity demands that a company disclose data in its possession or control, the chain of accountability can be broken if government itself, shielded by secrecy, is not accountable. This chapter examines what companies can do to remain accountable in the face of government disclosure demands. In addition, it concludes that the principles and practices of accountability developed around the handling of personal information in commercial contexts are applicable within government agencies, including when demanding disclosure of data held by the private sector.

Recommendations for Government and Industry

2017 ◽  
Author(s):  
James X. Dempsey ◽  
Fred H. Cate
Keyword(s):  
Private Sector ◽  
National Security ◽  
Checks And Balances ◽  
The Past ◽  
Individual Privacy ◽  
Effective System ◽  
External Accountability ◽  
Corporate Interests ◽  
And Control ◽  
Sector Data

The chapters in this volume are uniform in their commitment to the proposition that terrorism can be effectively fought and national security interests can be defended within a system of oversight and control that protects both corporate interests and individual privacy. Moreover, they are remarkable in their consistency in describing the components of an effective system of checks and balances. This chapter draws on the work of the contributors to this volume and on the flood of policy developments over the past five years to recommend a coherent framework for collection of private-sector data. The elements of this framework for governments are legality, proportionality, and accountability. For corporations, they are based on adoption of internal policies, internal and external accountability, and transparency, backed up by a willingness to challenge overbroad or unjustified government demands.

Systematic Government Access to Private-Sector Data in Germany

2017 ◽  
Author(s):  
Paul M. Schwartz
Keyword(s):  
Private Sector ◽  
Personal Information ◽  
German Law ◽  
Personal Data ◽  
Data Access ◽  
Data Retention ◽  
Informational Privacy ◽  
Intelligence Agencies ◽  
The Government ◽  
Sector Data

This chapter covers German law as it applies to government access to private-sector data. German law has long been strongly committed to informational privacy. Its protections are found at the constitutional and statutory levels. At the same time, legislation over the last two decades has expanded the ability of the government, including police and intelligence agencies, to process, store, and share personal information. The resulting databanks create elements of systematic access to personal data in Germany. At the same time, German unease with systematic data access is shown by the ongoing controversies with data retention and the abandoned ELENA process. Complex questions have also been raised by private sector attempts to create a Germany-only “cloud” as well as the significant and ongoing collaboration between German and US intelligence agencies.

Systematic Government Access to Private-Sector Data in the Republic of Korea

2017 ◽  
Author(s):  
Sang Jo Jong
Keyword(s):  
Private Sector ◽  
National Security ◽  
North Korea ◽  
Republic Of Korea ◽  
The Republic ◽  
Sector Data

This chapter examines the statutory grounds for governmental access to private-sector data in Korea. It focuses on issues such as the circumstances under which access is allowed without a warrant and how unjustified government access can take place in practice. Systematic government access to private-sector data can take place through warrants issued by a court. Notably, due to the unique truce situation, under which the Republic of Korea is technically still at war with North Korea, Korean authorities are sometimes allowed to obtain private-sector data without warrants, for national security purposes. This chapter examines the statutory grounds for governmental access to private-sector data in Korea, focusing specifically on issues such as the circumstances under which access is allowed without a warrant and how unjustified government access can take place in practice.

Systematic Government Access to Private-Sector Data in Japan

2017 ◽  
Author(s):  
Motohiro Tsuchiya
Keyword(s):  
World War Ii ◽  
Private Sector ◽  
Legal System ◽  
Personal Information ◽  
Data Gathering ◽  
Executive Branch ◽  
Information Protection ◽  
World War ◽  
Sector Data ◽  
Personal Information Protection

The Japanese legal system has been based on the German legal system since the mid-nineteenth century, but the American legal system was grafted onto it following Japan’s defeat in World War II in 1945. The postwar Constitution contained an article regarding the secrecy of communications and protected privacy in terms of respect of individuals. Now, as the Personal Information Protection Law in the Executive Branch, which was enacted in 1988, and the Personal Information Protection Law, which was enacted in 2003, strictly regulate privacy, there have been fewer problematic cases regarding governmental access to private-sector data. Data gathering for law enforcement or intelligence activities has also been weaker following World War II. Private-sector corporations/organizations might share data with government agencies, but based on voluntary arrangements, not by any mandatory system. More focus is being cast not on governmental access to private-sector data, but on citizen’s access to data.

Systematic Government Access to Private-Sector Data in Canada

2017 ◽  
Author(s):  
Jane Bailey ◽  
Sara Shayan
Keyword(s):  
Law Enforcement ◽  
Private Sector ◽  
Personal Information ◽  
Search And Seizure ◽  
Law Enforcement Agencies ◽  
Electronic Documents ◽  
Constitutional Protection ◽  
Privacy Act ◽  
Canadian Law ◽  
Sector Data

This chapter focuses on Canadian law as it applies to government access to private-sector data. The Canadian Charter of Rights and Freedoms implicitly provides constitutional protection of privacy by prohibiting unreasonable search and seizure by the state (s. 8) and by limiting government intrusion on life, liberty and security of the person (s. 7). With some exceptions, the Charter requires law enforcement agencies to seek prior authorization before accessing personal information. However, Canada’s national security intelligence agencies are subject to more relaxed standards. The Privacy Act regulates federal government institutions’ relationship with personal information, whereas the private sector is regulated by the Personal Information and Protection of Electronic Documents Act. However, numerous exceptions in both statutes allow for (and in some cases encourage), information sharing between private-sector and state entities.

Systematic Government Access to Private-Sector Data in Brazil

2017 ◽  
Author(s):  
Bruno Magrani
Keyword(s):  
Private Sector ◽  
Personal Data ◽  
Bill Of Rights ◽  
Court Order ◽  
The Public ◽  
Brazilian Government ◽  
Registration Data ◽  
Protection Legislation ◽  
Private Sector Organizations ◽  
Sector Data

This chapter describes the ways through which the Brazilian government may have access to personal data in possession of private-sector organizations with a specific focus on identifying the possibility of systematic access. There is no comprehensive data protection legislation in Brazil, but specific and sparse statutes regulate governmental access in areas such as telecommunications, wiretapping, financial data, money laundering, and national intelligence. There have been many conflicting decisions in the judiciary about governmental access to personal data, particularly registration data. In order to address this issue, a statute in 2012 expanded the investigative powers of the police and the Public Prosecutor’s Office, granting them access to registration data regardless of a court order. Brazil’s Internet Bill of Rights from 2014 aims to provide further clarity on some unresolved issues at the same time that it creates new ones.

scholarly journals Sales, Acquisitions, and Mergers of Direct-to-Consumer Genetic Testing Companies

2021 ◽  
Vol 8 (2) ◽  
pp. 403-421
Author(s):  
Alyssa K. McLeod
Keyword(s):  
United States ◽  
Genetic Testing ◽  
Personal Information ◽  
Personal Data ◽  
The United States ◽  
Genetic Tests ◽  
Direct To Consumer ◽  
Testing Company ◽  
Privacy Risks ◽  
A Company

Direct-to-consumer genetic tests have become increasingly popular in the United States within the last few years. However, these tests pose many risks to the consumer, most notably privacy risks. A subset of these privacy risks involves the issue of company mergers, acquisitions, and sales. Many companies in the direct-to-consumer genetic testing market have privacy policies that contain a variation of a “business transfer” clause. These clauses specify that in the event the company goes through a business transition such as a sale, merger, or acquisition, the consumer’s personal information—including the consumer’s DNA—will be among the assets transferred. This Article explores the risks associated with these business transfer clauses as they relate to the consumer, and presents a solution to mitigate said risks. The solution lies in FTC v. Toysmart, wherein a toy company that filed for bankruptcy was restricted in selling its assets—which included its customers’ personal data— only to entities with the same interests as the toy company. This Article urges that the default interpretation standard of business transfer clauses track similarly such that a direct-to-consumer genetic testing company may only be sold to, merged with, or acquired by a company with the same or like interests.

scholarly journals PENERAPAN METODE USABILITY PADA PERANCANGAN WEBSITE KANTOR KECAMATAN SINAR PENINJAUAN KABUPATEN OGAN KOMERING ULU

2019 ◽  
Vol 4 (1) ◽  
pp. 39-49
Author(s):  
Wisnumurti Wisnumurti
Keyword(s):  
Private Sector ◽  
System Design ◽  
Design Methodology ◽  
The Internet ◽  
Government Agencies ◽  
Current Development ◽  
The World ◽  
A Site ◽  
A Company ◽  
Education Business

Abstrak  Dalam Perkembangan teknologi saat ini kehadiran komputer sebagai sarana komunikasi dalam masa sekarang ini banyak membawa perubahan, baik dalam dunia pendidikan, usaha, instansi-instansi pemerintah, maupun swasta, salah satunya adalah Website.  Website merupakan salah satu aplikasi pada internet yang berupa informasi Hypertext, dimana Hypertext dapat membaca dan menelusuri informasi tersebut secara virtual tanpa terkait pada media tertentu. Melalui website dapat memasarkan produk atau jasa, mempromosikan suatu perusahaan, dan lain-lain. Dengan adanya aplikasi website yang dirancang dan dibangun di  harapkan dapat membantu pengguna,penikmat internet tentu saja akan merasa nyaman dengan suatu situs jika mudah digunakan, memiliki tampilan yang menarik, dan mudah dipelajari. Dengan adanya pemikiran tersebut maka digunakan metode Usability pada Perancangan Website Kantor Kecamatan Sinar Peninjauan Kabupaten Ogan Komering Ulu dengan menggunakan metode waterfall sebagai metodologi perancangan system.   Kata kunci: Website, virtual Hypertext, Usability, waterfall   Abstract  In the current development of technology the presence of computers as a means of communication in the present has brought many changes, both in the world of education, business, government agencies, and private sector, one of which is the Website. The website is one of the applications on the internet in the form of Hypertext information, where Hypertext can read and trace that information virtually without being linked to certain media. Through the website can market products or services, promote a company, and others. With the website application designed and built it is hoped that it can help users, internet connoisseurs will naturally feel comfortable with a site if it is easy to use, has an attractive appearance, and is easy to learn. With these thoughts, the Usability method is used in the Design of Kantor Kecamatan Sinar Peninjauan Kabupaten Ogan Komering Ulu by using the waterfall method as a system design methodology.  Keywords— Website, virtual Hypertext, Usability, waterfall

Englander v. Telus: Protection of Privacy in the Private Sector Goes to the Federal Court of Appeal

2016 ◽  
Author(s):  
Marc-Aurele Racicot
Keyword(s):  
Private Sector ◽  
Personal Information ◽  
Information Age ◽  
Federal Court ◽  
Personal Life ◽  
Information Protection ◽  
Public Places ◽  
Electronic Documents ◽  
Full Force ◽  
Court Of Appeal

These days, is there a topic more significant and provocative than the protection of privacy in the private sector? The importance of this topic has been highlighted since the Canadian Parliament adopted the Personal Information Protection and Electronic Documents Act which came into full force on 1 January 2004 and which is scheduled for review in 2006. Although it seems that everywhere we turn, the word "privacy" and its companion PIPEDA are at centre stage, many say that this attention is unwarranted and a knee-jerk reaction to the information age where one can run but cannot hide. Like it or not, we are subject to the prying eyes of cameras in public places, the tracking and trailing of Internet activities, the selling of address lists and other such listings, and the synthesizing by marketers of frightful amounts of personal information that, when pulled together, reveals a lot about our personal life, our ancestry, our relationships, our interests and our spending habits.

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