This article by Agatha Cole examines the scope of Sorrell v. IMS Health, its potential impact on legislative efforts to enact comprehensive consumer privacy legislation and its implications for targeted Internet advertising.
Dennis Hirsch describes the recent Congressional bills and White House policy papers that propose using a collaborative, safe harbor approach to regulate commercial privacy and synthesizes the literature on collaborative governance against the backdrop of the Dutch “code of conduct” approach to privacy regulation.
This article by Andrew Chin and Anne Klinefelter infers that Facebook appears to be using differential privacy-supporting technologies in its targeted advertising system without apparent loss of utility and highlights opportunities for recognition of the differential privacy standard as a best practice or a presumption of compliance for privacy, while acknowledging certain limitations on the transferability of the Facebook example.
This paper by Daniel C. Barth-Jones of Columbia University critically examines the historic Weld re-identification and the dramatic reductions of re-identification risks for de-identified health data as they have been protected by the HIPAA Privacy Rule provisions for de-identification since 2003. The paper also provides recommendations for enhancements to existing HIPAA de-identification policy; discusses critical advances routinely made in medical science and improvement of our healthcare system using de-identified data, and provides commentary on the vital importance of properly balancing the competing goals of protecting patient privacy and preserving the accuracy of scientific research and statistical analyses conducted with de-identified data.
Blase Ur, Pedro G. Leon, Lorrie Faith Cranor, Richard Shay and Yang Wang of Carnegie Mellon University report on the results of 48 semi-structured interviews with non-technical Internet users. The report examines their attitudes about online behavioral advertising and explains these attitudes by delving into their understanding of OBA practices.
This article by Peter Swire and Kenesa Ahmad offers a short history of wiretaps for phone and Internet data; highlights key lessons learned from the U.S. crypto wars of the 1990s; proposes reasons why effective encryption becomes even more important when the debate shifts from one country to a globalized setting, and synthesizes the key reasons supporting effective encryption in today’s globalized world.
This article by Deirdre Mulligan and Jennifer King of the University of California, Berkeley, School of Information explores the gap between privacy and design in the context of “lateral privacy”—privacy issues arising among users of a service rather than from the service provider—on social networking sites (SNSs) and other platforms by analyzing the privacy concerns lodged against the introduction of Facebook’s News Feed in 2006.
Written by Omer Tene and Jules Polonetsky, CIPP/US, this article outlines methods and uses of online tracking and attempts at regulation. It concludes by examining the debate over the information-for-value business model currently in place online, noting it “needs to be informed by a discussion of the fundamental tradeoff between privacy and economic efficiency.”
Written by Ponnurangam (PK) Kumaraguru and Niharika Sachdeva of the research group PreCog, this study aims to better understand how Indians’ view their own privacy, particularly given advances in technology and government projects such as Unique ID. The survey involved interviews with 20 participants, four focus group discussions of 31 participants and a survey that elicited responses from 10,427 individuals.
This report by Daniel Castro seeks to address the skepticism surrounding the self-regulation of online behavioral targeting by explaining how self-regulation works and why it is essential to protecting consumer privacy in online behavioral advertising.
Written by Paul Schwartz and Daniel Solove, this article explores the importance of personally identifiable information (PII) in privacy law and the challenges stemming from the lack of a uniform definition for the term. The authors outline a new approach to PII and show how existing approaches impede effective regulation of behavioral marketing.
This report by The Boston Consulting Group and Liberty Global introduces the concept of digital identity and explores the rapid growth of the volume of data that is available, collected and analysed thanks to ubiquitous connectivity. The study surveyed 3,000 individuals in Europe and aims to give business and political leaders a better understanding of this new phenomenon.
In this article, Omer Tene explores Google’s evolution from “a benevolent giant seeking to do no evil” into “an informational gatekeeper harboring previously unimaginable riches of personal data.” Tene writes, “Google's access to and storage of vast amounts of personal data create a serious
privacy problem,” and goes on to explore whether those privacy fears are valid, what rules should govern access to Google's database and what are the legal protections currently in place.
This essay by Daniel Solove discusses the “nothing to hide” argument. Solove introduces the argument and examines frequent ways of responding to the argument; discusses his work on conceptualizing privacy, and explains why existing theories of privacy have been unsatisfactory, have led to confusion, and have impeded the development of effective legal and policy responses to privacy problems.
This paper by Ira S. Rubinstein and Nathaniel Good offers a comprehensive analysis of engineering and usability principles specifically relevant to privacy. It derives relevant principles, illustrates them by referencing 10 recent privacy incidents involving Google and Facebook and concludes that all ten privacy incidents might have been avoided by the application of these privacy engineering and usability principles.
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