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Electronic Privacy
Term Paper ID:35703
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Essay Subject:
A survey of the disadvantages associated with various types of electronic privacy issues including ...... More...
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10 Pages / 2250 Words
15 sources, 20 Citations,
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Paper Abstract: A survey of the disadvantages associated with various types of electronic privacy issues, including workplace monitoring, medical databases, and the Internet issues. Legal/Constitutional issues. Risks in monitoring employees. Endangerment of right to privacy.
Paper Introduction: Disadvantages of Electronic Privacy Introduction While the government business and healthcare industries have toutedthe benefits of being able to combine multiple databases and provide betterservice to customers and stakeholders concerns have arisen that suchaccess violates privacy and may even raise constitutional issues Thisresearch considers key areas of electronic privacy including medicaldatabases and Internet issues and examines the disadvantages associatedwith these areas MeDical Database Privacy Restrictions In December the Minnesota Health Department implemented a policythat patient-identifiable medical information from physicians and insurancecompanies could
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However, the limited information being collected by Delta Airlinespales in comparison to the information that some in the governmenteventually want to collect, including combining purchase histories with Webactivities as well as credit histories. 7-8.Mitchell, S. The policy wasupheld by an administrative law judge. Thus Internetmarketing directed at young people is thought to be particularly powerful.The State of New York sought to limit cigarette sales on the Internet byarguing that such sales targeted young people (Traczek, 2 3). E-mail monitoring in the workplace. (2 2, December 4). Doubleclick and online privacy. Since debit cards can be used for purchases on theInternet and many minors have their own cards, transactions can be trackedand identified with a young person and then stored and analyzed over theirlifetime. D1.Smith, S. Duke Law & Technology Review, Rev. 14, Retrieved 3 May 2 3 from http://www.law.duke.edu/journals/dltr/articles/2 2dltr 14.html.Sullivan, B. This can result in privateinformation--including names and addresses--being entered into cyberspaceand stored on computers where it is subject to security breaches, or toresale by companies. Governmentagencies, private companies and employers all have the ability to monitorpreviously confidential data, and to share that data without theindividual's knowledge. Baseline.Ham, S., & Atkinson, R. When thatcapability was combined with DirectClick's capabilities, however, it becamepossible for the company to merge purchase history with online surfinghistory. (2 2, December). 1 8335w457.Pike, G. Thisresearch considers key areas of electronic privacy, including medicaldatabases and Internet issues, and examines the disadvantages associatedwith these areas. Defense Counsel Journal, 67(1), pp. According to this line ofreasoning, young consumers lack the sophistication to recognize whenadvertising is disguised as information, and that line becomes even moreblurred on the Internet. Thus an e-mail sent to a corporate attorney discussing aharassment suit would be filtered by the software (Adams, Scheuing &Feeley, 2 ). As of 2 1, the Internal Revenue Service had not yet implementedfile encryption on returns filed electronically, rendering individualssusceptible to having their data hacked (Laffie, 2 1). Since individuals do not necessarily know who has access tosensitive data about themselves, it can be difficult for them to protectthemselves against identity theft. Why are we going backward with privacy of medical records? Washington, DC: Federal Trade Commission. Privacy statements are as much a marketingtool as they are a legal document, and many privacy statements containlanguage suggesting that consumers must give permission for their data tobe revealed to third parties, or the statements might contain instructionsfor customers to "opt out" of having their data revealed to third parties.Problems arise, however, when the summary privacy statement--which istypically easily found on a company's Web site--does not match the detailedprivacy policy of the company. In this way, someone who purchaseda gun or a book about terrorism might be identified as a high security riskat the airport. S. Abacusused information from direct marketers and catalog companies to create acentralized database; ostensibly, this allowed it member companies totarget marketing materials more accurately to consumers. (2 1, May). 26-29. Thus data can be made available to pharmaceutical companieswho might target certain patients with marketing materials, or insurancecompanies might seek access to the information in order to deny somepatients coverage and reduce their costs. Internet Privacy & Cookies Controversy arose with regard to Internet "cookies" when DoubleClickwas identified in 2 as being able to link an individual's Web surfinghistory to a name, mailing address and shopping habits. As increasingly larger numbers ofcompanies and agencies have access to confidential data, and since socialsecurity numbers are used for identification in areas from healthcarerecords to bank accounts, identity theft using computers and violatingprivacy is becoming increasingly common (Simon & Higgins, 2 2). However, many companies,including eBay, also provide short versions of their statements which theyencourage consumers to read. On Managed Care, 7(6), pp. Legal Problems Associated with Electronic Privacy in General Legal problems associated with electronic privacy come largely fromthe way in which data is used. The advent of computers has made electronic monitoring far moreintrusive than just requiring that employees pay for their use of companyresources. When employers monitor employees, they run the risk ofreducing, rather than enhancing, productivity. If the state can collect informationthat can be traced to them and then release that information, patients mayrefrain from seeking appropriate medical care, or may lie about theirconditions to physicians. A. E-filing security. eBay, Amazon privacy policies under fire. (2 3, April 22). History repeated with the USA Patriot Act. (1999, November). D. The right to privacy hasbeen rendered endangered as a result of this surge in technology, andincreased vigilance is necessary. There are several disadvantages with this. Privacy Problems Involving the Government, Corporations and Business Institutions In early 2 3, the government announced Computer Aided PassengerPrescreening which is in use by Delta Airlines at three airports. In this way, electronic monitoring canactually hamper the very productivity that the employer seeks to boostthrough monitoring (Adams, Scheuing & Feeley, 2 ). Future of aviation security may rely on database networks as much as screening. The Tax Adviser, 32(5), p. Financial institutions have long beenrequired to report transactions in excess of $1 , as a weapon in the waragainst drugs and organized crime. Many employees do not understand the full extent to which theiremployers may monitor their e-mail communication, and when employees dolearn about e-mail surveillance, research has shown that physical as wellas emotional problems can result. It is the right to privacy, and the right of individuals to controlhow information about them is used, that provides the basis forconstitutional objections to electronic monitoring and electronic privacy.When a consumer conducts a transaction at a library or bookstore, and thattransaction can be reported to the government in the name of nationalsecurity regardless of whether any other evidence is present, as thePatriot Act allows, privacy rights are violated. Credit histories are a partof the databases, but credit histories often contain errors, and thoseerrors are often unknown to the people being profiled. Some companiesallow employees to use telephones to make long distance phone calls, forexample, only if the employees pay for the calls, and use the telephonebills as a way to collect from the employee (Adams, Scheuing & Feeley,2 ). The First Amendmentprovides the right to free speech, and the Fourth Amendment protectsindividuals from unreasonable search and seizure. Since many companies will not process a loan without suchapproval, however, there is the suggestion of coercion. However, online shopping isalso associated with questions fraud and electronic privacy, and causesconcern because of the financial consequences associated with the issue. This is a disadvantage for companies as well as employeessince neither can refer to a single standard by which the intrusiveness ofthe monitoring can be assessed (Adams, Scheuing & Feeley, 2 ). Retrieved 3 May 2 3 from http://ftc.gov/bcp/conline/pubs/buspubs/coppa.htm.Laffie, L. H. (2 2, August 21). 19-21.Simon, R. F (2 2, November 1). United Press International, p. Electronic Monitoring in the Workplace Monitoring employee activity in the workplace has taken place for aslong as there have been employee-employer relationships. (1999, November). Constitutional Ramifications of Electronic Privacy Constitutional questions surrounding electronic privacy are based ontwo amendments contained in the Bill of Rights. However, many Web sites rely onvisitors to indicate their age, and there is no certain way to ensure thatchildren do not simply lie about their age. Analysis: Ruling may hurt medical privacy. (2 , January). & Higgins, M. The company also admitted that security issues werea concern, as well. Information Today, pp. Thus it is legal forpublic health officials to collect information that can clearly be tracedto individuals without the consent or even knowledge of the individualsinvolved (Mitchell, 2 2). Again, the stated goal was the more effective targeting ofmarketing material, but privacy advocates were concerned that having asingle database containing such information could easily lead to abusethrough distribution to third parties (Ham & Atkinson, 2 ). Sharing information between government agencies and businessinstitutions is not new, however. The potential that this data will be abused in the future isconsidered by some to be significant (Borsook, 1999). Data mining techniques, which allowcomputer programs to put together disparate pieces of data in order toidentify a pattern, can be used to put together information from a widevariety of sources and identify possible--or false--patterns about aparticular individual. Knowledge Management Magazine. 32- 48.Alderman, E., & Kennedy, C. Suits have recently been filed against eBayand Amazon.com charging that the summary statement misleads consumers andprovides a false sense of security to Internet shoppers (Sullivan, 2 3). The latest tools for preventing identity theft. The Right to Privacy. MeDical Database Privacy Restrictions In December 2 2, the Minnesota Health Department implemented a policythat patient-identifiable medical information from physicians and insurancecompanies could be collected without patient consent. Using data miningtechniques that are only likely to grow in sophistication, it is possiblethat companies can merge their data across multiple organizations to referbuying habits, spending patterns, and possible health problems--forexample, a young person who purchases tobacco or Prozac might be "tagged"in such a database. Some companies have installedsoftware that prohibits employees from including language that can beconstrued as sexually harassing, but this software does not take contextinto account. The Children's Online Privacy Protection Rule took effect in April2 and requires that Web sites collecting personal information fromchildren younger than age 13 follow guidelines regarding what types ofinformation can be collected and when verifiable consent must be soughtfrom a parent (How to Comply, 1999). Retrieved 3 May 2 3 from http://disweb.org/sfband/reports/ppart1 c.txt.How to comply with the Children's Online Privacy Protection Rule. Retrieved 3 May 2 3 from http://www.destinationkm.com/articles/default. Knopf.Borsook, P. M., & Feeley, S. ReferencesAdams, H., Scheuing, S. South Florida Sun-Sentinel.Kost, B. First, as consumers becomemore aware of the situation, they may well filter the information that theygive to their healthcare provider. The Use and abuses of customer profiling. Wall Street Journal, p. Internet Privacy & Online Shopping Online shopping is a convenient way to compare prices quickly frommany different retailers, and provides access to far more items thanconsumers could find in traditional outlets. Young people, it is suggested, do not analyze thesources of information as much or as well as their elders, and thus can beswayed by highly sophisticated marketing techniques. Manystatements are long, and appear in small print, and many appear to besimilar in their wording and particulars. asp?ArticleID=27.Carr, D. Microsoft has incurred particular scrutiny with regard to Internetprivacy and shopping through its Internet Passport product. Although a federal medical privacy rule exists as part of theHealth Insurance Portability and Accountability Act of 1996, the federalrule does not apply to public health officials. There is concern byprivacy advocates that Microsoft has proved itself unable to controlprivacy of consumers, and that having this much information in a singledatabase compromises individuals' rights to privacy. Aside from the immediate privacy issues that this raises,critics of this strategy argue that law enforcement could easily gainaccess to this information and use it as a law enforcement tool that hasnothing to do with the security of airlines (Kaye, 2 3). The companyoriginally tracked information obtained through cookies anonymously, butthat changed when it acquired Abacus Direct Corporation in 1999. However, Passport tracks passwords and purchasing information--including phone and credit card numbers--in addition to Web history.Passport users are automatically registered for Passport when they open aMicrosoft hotmail e-mail account--which is free--and Windows XP users areinvited to register for Passport when they set up their Internetconnection. Disadvantages of Electronic Privacy Introduction While the government, business and healthcare industries have toutedthe benefits of being able to combine multiple databases and provide betterservice to customers and stakeholders, concerns have arisen that suchaccess violates privacy and may even raise constitutional issues. Some libraries haveresponded by ceasing to keep data on file, and some bookstores haveindicated that they will challenge requests for customer information.However, other companies regularly collect data and make it available tothe government and others, including institutions for whom the data was notoriginally intended (Pike, 2 2) Internet Privacy & Marketing to Young People There is a school of thought that holds that young people areparticularly vulnerable to marketing campaigns. Financialinstitutions also report interest payments to the Internal Revenue Serviceon Form 1 99, and in most cases, consumers do not recognize that suchreporting takes place electronically, or that it may be vulnerable tohackers. New York: Alfred A. Monitoring of e-mail may be the most common type of electronicmonitoring that goes on in the workplace. (2 2, November 27). Financial institutions can also requestcopies of an individual's tax returns as a prerequisite for approvingloans, although such requests currently require the loan applicant'sapproval. (2 , March). Underthe system, limited information about passengers is collected and collatedthrough a combination of different databases. Most online retailers provide some type of privacy statement. A Tangled web. There is also theissue of deceptive advertising, since some maintain that the invitations toenroll in Passport make it sound as though enrollment is required tocontinue with other transactions, including the installation of Windows XP(Smith, 2 2). At this point,legislation regarding e-mail privacy and monitoring has not beenforthcoming, so employees subject to this type of monitoring must rely onthe highly subjective area of statutory law and case law to provideprotection. Retrieved 3 May 2 3 from http://pcworld.com/news/article/ ,aid,11 376, .aspTraczek, C. Identity theft is another problem that is associated with electronicprivacy. When data threatens privacy. (2 3, March 16). (2 3, January). Such monitoring can lead to assumptions being madeabout individuals that may be inaccurate, or to the improper distributionof personal data. Conclusion Electronic information has made collecting and collating informationabout individuals much easier than at any previous time. In either case, public health is compromised.In addition, once information is made available to the state, there areslight limitations on how public health officials can disseminate thatinformation. Microsoft and the European Union face off over Internet privacy concerns. 293.Kaye, K. In late 2 2, Microsoft estimated that it has more than 2 million Passport users worldwide (Smith, 2 2). Passportpromises to make Web surfing easy by providing a single sign-in service--inthis way, users do not have to enter personal information such as theirname and e-mail accounts at member sites, but instead, enter their Passportinformation. Computerworld. In addition,passengers can currently circumvent this system by paying cash, with theresult that airline security is not necessarily improved while electronicprivacy is certainly compromised (Kaye, 2 3). While this ruling only affectedMinnesota, it has possible far-reaching consequences for the rest of thecountry if other states are successful at obtaining the same type ofruling. (1995). There is no specific"right to privacy" granted by the Constitution, but broad judicialinterpretations of the First, Fourth and Fifth Amendments have led to a defacto right to privacy, with particular emphasis given to the FourthAmendment's prohibition of unreasonable search and seizure (Alderman &Kennedy, 1995). (2 2, June). If a consumer ordered a large amount of beer over theInternet using a home shopping site, that information might be passed toanother agency that would determine that the user was an alcoholic (Carr,2 2). National Petroleum News, 95(1), pp. So long as these companies candemonstrate that access to the database represents a public health issue,they may well gain access to private information (Kost, 2 2). As an example, Whirlpool recently withdrewintroduction of a refrigerator that would allow users to surf the Web.Whirlpool cited the fact that broadband Internet access is still not widelyavailable, and that energy costs of the new appliance would be higher thancustomers would want. Another disadvantage of marketing to young people on the Internet isthe potential to build extensive databases containing information about thelifelong purchases of today's young consumers.
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