Balancing the Public Policy Drivers in the Tension between Privacy and Security

Author(s):  
John W. Bagby

The public expects that technologies used in electronic commerce and government will enhance security while preserving privacy. These expectations are focused through public policy influences, implemented by law, regulation, and standards emanating from states (provincial governments), federal agencies (central governments) and international law. They are influenced through market pressures set in contracts. This chapter posits that personally identifiable information (PII) is a form of property that flows along an “information supply chain” from collection, through archival and analysis and ultimately to its use in decision-making. The conceptual framework for balancing privacy and security developed here provides a foundation to develop and implement public policies that safeguard individual rights, the economy, critical infrastructures and national security. The illusive resolution of the practical antithesis between privacy and security is explored by developing some tradeoff relationships using exemplars from various fields that identify this quandary while recognizing how privacy and security sometimes harmonize.

Cyber Crime ◽  
2013 ◽  
pp. 1441-1460 ◽  
Author(s):  
John W. Bagby

The public expects that technologies used in electronic commerce and government will enhance security while preserving privacy. These expectations are focused through public policy influences, implemented by law, regulation, and standards emanating from states (provincial governments), federal agencies (central governments) and international law. They are influenced through market pressures set in contracts. This chapter posits that personally identifiable information (PII) is a form of property that flows along an “information supply chain” from collection, through archival and analysis and ultimately to its use in decision-making. The conceptual framework for balancing privacy and security developed here provides a foundation to develop and implement public policies that safeguard individual rights, the economy, critical infrastructures and national security. The illusive resolution of the practical antithesis between privacy and security is explored by developing some tradeoff relationships using exemplars from various fields that identify this quandary while recognizing how privacy and security sometimes harmonize.


2015 ◽  
Author(s):  
Craig Forcese

The expression "national security" or its close similes lacks a precise meaning, even in the public policy literature. Nevertheless, the concept appears in over 30 federal statutes. In most instances, the term is undefined, an important oversight in light of the significant powers these statutes accord the government. Under these circumstances, how courts review government invocations of "national security" is of real importance. With some exceptions, courts applying s. 7 of the Charter and standard administrative law doctrines have accorded substantial deference to government national security determinations. When largely deferential substantive review of the ambiguous concept of national security is coupled with the ex parti and in camera context in which these cases are often heard, the net effect is to leave government with a freer hand in national security matters than in other domains of administrative decision making. Several possible responses to this problem are proposed.


Author(s):  
J. Bagby

Public policy constraints impact deployment of most technology underlying the convergence of digital technologies in telecommunications, e-commerce, and e-government. Networked computers increase the vulnerability of confidential data, transaction processing infrastructure and national security. Compliance regulation imposes complex constrains on data management by government, the private-sector and their personnel. Privacy and security are a balance between individual interests in secrecy/solitude and society’s interests in security, order, and efficiency. This chapter explores the key political, legal, and regulatory methods for resolving conflicts between privacy rights and security methods to encourage convergence success. The “Privacy-Security Conundrum” is framed, then set against the more cross-dependant relationships of a “Privacy-Security Complement.” Security law illustrates that the conundrum-complement dilemma serves to define convergence as constrained and induced by the legal and policy perspectives or privacy, intellectual property, technology transfer, electronic records management, torts, criminal law, fiduciary and contractual duties and professional ethics regulating privacy and security.


Author(s):  
JOAN MULLEN

While crowding has been a persistent feature of the American prison since its invention in the nineteenth century, the last decade of crisis has brought more outspoken media investigations of prison conditions, higher levels of political and managerial turmoil, and a judiciary increasingly willing to bring the conditions of confinement under the scope of Eighth Amendment review. With the added incentive of severe budget constraints, liberals and conservatives alike now question whether this is any way to do business. Although crowding cannot be defined by quantitative measures alone, many institutions have far exceeded their limits of density according to minimum standards promulgated by the corrections profession. Some fall far below any reasonable standard of human decency. The results are costly, dangerous, and offensive to the public interest. Breaking the cycle of recurrent crisis requires considered efforts to address the decentralized, discretionary nature of sentence decision making and to link sentencing policies to the resources available to the corrections function. The demand to match policy with resources is simply a call for more rational policymaking. To ask for less is to allow the future of corrections to resemble its troubled past.


2018 ◽  
Vol 37 (4) ◽  
pp. 107-118
Author(s):  
Richard Thomchick ◽  
Tonia San Nicolas-Rocca

Libraries have historically made great efforts to ensure the confidentiality of patron personally identifiable information (PII), but the rapid, widespread adoption of information technology and the internet have given rise to new privacy and security challenges. Hypertext Transport Protocol Secure (HTTPS) is a form of Hypertext Transport Protocol (HTTP) that enables secure communication over the public internet and provides a deterministic way to guarantee data confidentiality so that attackers cannot eavesdrop on communications. HTTPS has been used to protect sensitive information exchanges, but security exploits such as passive and active attacks have exposed the need to implement HTTPS in a more rigorous and pervasive manner. This report is intended to shed light on the state of HTTPS implementation in libraries, and to suggest ways in which libraries can evaluate and improve application security so that they can better protect the confidentiality of PII about library patrons.


Author(s):  
Joan Subirats ◽  
Ricard Gomà

The objective of this chapter is to trace and present the main characteristics of the public policy system in Spain, incorporating policy change over time, as well as the policy style that has characterized its different stages. The transition between Francoism and democracy generated significant continuities and discontinuities both in the decision-making processes and in the actors’ system. The full incorporation into the European Union also involved significant changes in content, processes and networks. Finally, the impacts of the 2007 crisis and the effects of globalization and technological change also generated significant disruptions that will also be incorporated. The chapter will distinguish the conceptual, substantive, and operational aspects of the public policy system in Spain, as well as the main elements of the multilevel government. This aspect is especially complex in the Spanish case, given the combination of Europeanization of policies and the very remarkable regional decentralization generated by 1980.


2016 ◽  
Vol 49 (01) ◽  
pp. 21-26 ◽  
Author(s):  
Susan G. Mason

ABSTRACTScience is believed to be an important part of public policy decision making because of its inherent characteristics of measurability, rigor, objectivity, replication, and peer review. The purpose of this research was to explore the linkage of science to public policy decision making. The research explores what state and local public officials know about science and how much they actually use science in their decision making. Interview results with public officials in the State of Idaho demonstrate that policy makers ultimately see science as only one element in the mix. Findings suggest that equal attention and debate should be given to how science interacts with all of the other factors that affect the public policy making process.


2019 ◽  
Vol 9 (2) ◽  
pp. 173
Author(s):  
Andre C. S. Batalhao ◽  
Denilson Teixeira ◽  
Maria de Fatima Martins ◽  
Hans Michael van Bellen ◽  
Adriana Cristina Ferreira Caldana

Sustainability is a topic that has gained importance in several fields of knowledge, including the public, private and society spheres, based on the discussions that involve the definition of several public policies. Sustainability Indicators (SI) are metrics that seek to measure the level of sustainability and compile information for better decision-making concerning policies, programs, projects and actions related to sustainability. Demonstrated their relevance to public policies the SI appears as an essential tool for evaluating development goals as a sustainable proposal. In this way, this research aimed to discuss the main challenges and methodological limitations found in the use of SI, emphasizing the main fragilities identified in the literature. In methodological terms, the research has exploratory characteristics, supported by the mixed methods approach using a theoretical-empirical analysis, from the available literature on the subject and the methodologies used and the experience of researchers about the topic addressed. The main results demonstrated that Sustainability Indicators are tools that should be used to define, implement, evaluate and monitor public policies at all levels, considering the potentialities/weaknesses and priorities of each context.


2021 ◽  
Vol 13 (24) ◽  
pp. 13955
Author(s):  
Nurhadi Wibowo ◽  
Jerry Kuswara Piton ◽  
Rahmat Nurcahyo ◽  
Djoko Sihono Gabriel ◽  
Farizal Farizal ◽  
...  

Electronic waste (e-waste) has become one of the fastest-growing waste streams in the world. However, only 17.4% of it can be collected and recycled in 2019. This study aims to formulate strategies to improve the supply chain of e-waste management in Indonesia. Methods used to develop strategies in this study are the Decision-Making Trial and Evaluation Laboratory (DEMATEL), the Analytical Network Process (ANP), Strength–Weaknesses–Opportunities–Threats (SWOT), and the Quantitative Strategic Planning Matrix (QSPM). The results show that infrastructure criteria have the largest weight, that is 0.267, followed by a social environment with 0.261, regulation with 0.244, stakeholder with 0.122, and economy with 0.054. The top priority of the selected strategies is to improve public education (ST1) and provide socialization of regulations and sanctions to the public (ST2).


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