Privacy invasive geo-mashups : privacy 2.0 and the limits of first generation information privacy laws

Online technological advances are pioneering the wider distribution of geospatial information for general mapping purposes. The use of popular web-based applications, such as Google Maps, is ensuring that mapping based applications are becoming commonplace amongst Internet users which has facilitated the rapid growth of geo-mashups. These user generated creations enable Internet users to aggregate and publish information over specific geographical points. This article identifies privacy invasive geo-mashups that involve the unauthorized use of personal information, the inadvertent disclosure of personal information and invasion of privacy issues. Building on Zittrain’s Privacy 2.0, the author contends that first generation information privacy laws, founded on the notions of fair information practices or information privacy principles, may have a limited impact regarding the resolution of privacy problems arising from privacy invasive geo-mashups. Principally because geo-mashups have different patterns of personal information provision, collection, storage and use that reflect fundamental changes in the Web 2.0 environment. The author concludes by recommending embedded technical and social solutions to minimize the risks arising from privacy invasive geo-mashups that could lead to the establishment of guidelines for the general protection of privacy in geo-mashups.

Privacy legislation and research

To the Editor: The Victorian Health Records Act 2001 became operational on 1 July 2002. This legislation provides important protection for the individual against misuse of health information through the establishment of Health Privacy Principles. We support the spirit of this legislation, but would like to draw attention to its potential effects on multicentre research and disease surveillance...

Developing a Libyan information privacy framework

This thesis considers how an information privacy system can and should develop in Libya. Currently, no information privacy system exists in Libya to protect individuals when their data is processed. This research reviews the main features of privacy law in several key jurisdictions in light of Libya's social, cultural, and economic context. The thesis identifies the basic principles that a Libyan privacy law must consider, including issues of scope, exceptions, principles, remedies, penalties, and the establishment of a legitimate data protection authority. This thesis concludes that Libya should adopt a strong information privacy law framework and highlights some of the considerations that will be relevant for the Libyan legislature.

Engineering privacy requirements valuable lessons from another realm

The Privacy by Design approach to systems engineering introduces privacy requirements in the early stages of development, instead of patching up a built system afterwards. However, 'vague', 'disconnected from technology', or 'aspirational' are some terms employed nowadays to refer to the privacy principles which must lead the development process. Although privacy has become a first-class citizen in the realm of non-functional requirements and some methodological frameworks help developers by providing design guidance, software engineers often miss a solid reference detailing which specific, technical requirements they must abide by, and a systematic methodology to follow. In this position paper, we look into a domain that has already successfully tackled these problems -web accessibility-, and propose translating their findings into the realm of privacy requirements engineering, analyzing as well the gaps not yet covered by current privacy initiatives.

Using police crash databases for injury prevention research - a comparison of opt-out and opt-in approaches to study recruitment

Objective: The study aimed to examine the difference in response rates between opt-out and opt-in participant recruitment in a population-based study of heavy-vehicle drivers involved in a police-attended crash. Methods: Two approaches to subject recruitment were implemented in two different states over a 14-week period and response rates for the two approaches (opt-out versus opt-in recruitment) were compared. Results: Based on the eligible and contactable drivers, the response rates were 54% for the optout group and 16% for the opt-in group. Conclusions and Implications: The opt-in recruitment strategy (which was a consequence of one jurisdiction’s interpretation of the national Privacy Act at the time) resulted in an insufficient and potentially biased sample for the purposes of conducting research into risk factors for heavy-vehicle crashes. Australia’s national Privacy Act 1988 has had a long history of inconsistent practices by state and territory government departments and ethical review committees. These inconsistencies can have profound effects on the validity of research, as shown through the significantly different response rates we reported in this study. It is hoped that a more unified interpretation of the Privacy Act across the states and territories, as proposed under the soon-to-be released Australian Privacy Principles will reduce the recruitment challenges outlined in this study.

Copyright enforcement in the networked society : guiding principles for protecting copyright

This paper argues that any future copyright policy should be proportional and flexible and be developed from a clear and evidence-based approach. An approach is required that carefully balances the incentives and rewards provided to economic rights holders against fundamental rights of privacy, self-expression, due process and the user rights embodied in copyright law to protect access, learning, critique, and reuse. This paper also suggests that while adequate enforcement measures are certainly part of a solution to a well functioning lawful, enforcement alone can never solve the root cause of unlawful file-sharing, since it utterly fails to address supply-side market barriers. Focus on enforcement measures alone continues to leave out a legitimate but un-served market demand, susceptible to unlawful alternatives. A competitive and consumer friendly digital content market and an appropriate legal framework to enable easy lawful access to digital content are essential preconditions for the creation of a culture of lawful, rather than unlawful, consumption.

Principles of information accountability : an eHealth perspective

Information accountability is seen as a mode of usage control on the Web. Due to its many dimensions, information accountability has been expressed in various ways by computer scientists to address security and privacy in recent times. Information accountability is focused on how users participate in a system and the underlying policies that govern the participation. Healthcare is a domain in which the principles of information accountability can be utilised well. Modern health information systems are Internet based and the discipline is called eHealth. In this paper, we identify and discuss the goals of accountability systems and present the principles of information accountability. We characterise those principles in eHealth and discuss them contextually. We identify the current impediments to eHealth in terms of information privacy issues of eHealth consumers together with information usage requirements of healthcare providers and show how information accountability can be used in a healthcare context to address these needs. The challenges of implementing information accountability in eHealth are also discussed in terms of our efforts thus far.

Privacy, modesty, hospitality, and the design of Muslim homes: A literature review

Traditional Islamic teachings and traditions involve guidelines that have direct applications in the domestic sphere. The principles of privacy, modesty, and hospitality are central to these guidelines; each principle has a significant effect on the design of Muslim homes, as well as on the organization of space and domestic behaviors within each home. This paper reviews literature on the privacy, modesty, and hospitality within Muslim homes. Nineteen publications from 1986 to 2013 were selected and analyzed for content related to the meaning of privacy, modesty, and hospitality in Islam and the design of Muslim homes. Despite the commonly shared guidelines for observing privacy, modesty, and hospitality within each home, Muslims living in different countries are influenced by cultural factors that operate within their country of residence. These factors help to shape the architectural styles and use of space within Muslim homes in different ways. Awareness of the multifactorial nature of the influences on the Muslim perception of home and the use of space is necessary for architects, building designers, engineers, and builders to be properly equipped to meet the needs of clients.

Transparent, balanced and vigorous: The exercise of the Australian Privacy Commissioner's powers in relation to National Privacy Principle 4

This thesis considers whether the Australian Privacy Commissioner's use of its powers supports compliance with the requirement to 'take reasonable steps' to protect personal information in National Privacy Principle 4 of the Privacy Act 1988 (Cth). Two unique lenses were used. First, the Commissioner's use of powers was assessed against the principles of transparency, balance and vigorousness and secondly against alignment with an industry practice approach to securing information. Following a comprehensive review of publicly available materials, interviews and investigation file records, this thesis found that the Commissioner's use of his powers has not been transparent, balanced or vigorous, nor has it been supportive of an industry practice approach to securing data. Accordingly, it concludes that the Privacy Commissioner's use of its regulatory powers is unlikely to result in any significant improvement to the security of personal information held by organisations in Australia.

Privacy, modesty, hospitality and the design of Muslim homes in Australia

The home environment is conceptualised in prolific ways within the academic literature. A home is an unparalleled base for human settlement and habitation that embodies a sensorial space that is layered with personal memories and traces of history. The success of a home in providing a strong ‘sense of place’ depends on various factors such as geographical location, monetary funds or personal perceptions. A home too, is an influential medium that allows its dwellers to express, perform and continue their cultural traditions and religious faiths. Traditional Islamic teachings and practices involve guidelines that apply directly to the domestic space. The principles of privacy, modesty and hospitality are paramount to these guidelines and each has a significant influence upon the design of Muslim homes and the home owners’ or dwellers’ domestic behaviours. Despite a significant increase of Muslim population in Australia over the last decade, very little is known about their perceptions of domestic life and their use of domestic spaces within an Australian context. This research investigated on how Muslims in Brisbane live and adapt within their Australian homes and if these homes meet their personal and familial needs to perform their daily activities, as well as maintaining and practising their Islamic faiths and traditions. Specific attention has been given to their perceptions on tripartite principles of privacy, modesty, and hospitality (PMH) and how they achieve these three objectives. A qualitative case study approach was used to investigate six Muslim families living in four Brisbane suburbs, consisting of: a) Case Study 1: three Muslim families residing in one suburb of Brisbane and, b) Case Study 2: three international Muslim students living in three different Brisbane suburbs. This research indicates that apart from minor ‘design-related’ difficulties, case study participants were able to continue to perform their daily activities within their current homes through minor changes to the use of the available interior spaces. Above all, case study participants opined that their current Australian homes provide them with adequate safety and privacy for their families without any major disturbances. Insight gained from these cases suggests that greater research attention needs to be given to the potential development of Australian home designs that are adaptable to the ever-changing needs of the Australian multicultural society. Awareness of the multifactorial nature of the influences on Muslims’ perceptions of home and their use of domestic space is needed if architects, building designers, engineers and builders are to be properly equipped to meet the needs of their Muslim clients.

Between Tradition and Modernity: Determining Spatial Systems of Privacy in the Domestic Architecture of Contemporary Iraq

The notion of privacy represents a central criterion for both indoor and outdoor social spaces in most traditional Arab settlements. This paper investigates privacy and everyday life as determinants of the physical properties of the built and urban fabric and will study their impact on traditional settlements and architecture of the home in the contemporary Iraqi city. It illustrates the relationship between socio-cultural aspects of public/private realms using the notion of the social sphere as an investigative tool of the concept of social space in Iraqi houses and local communities (Mahalla). This paper reports that in spite of the impact of other factors in articulating built forms, privacy embodies the primary role under the effects of Islamic rules, principles and culture. The crucial problem is the underestimation of traditional inherited values through opening social spaces to the outside that giving unlimited accesses to the indoor social environment creating many problems with regard to privacy and communal social integration.

Privacy law in Australia

This book begins by examining the nature and scope of the right to privacy and the moral basis and status: What is privacy? What interests does it affect and protect? Is there a justification for the right?
It discusses the relevant legal regime in all Australian jurisdictions. It covers the extent to which privacy has been protected under common law and equity and then weaves these principles into the statutory discussion of privacy. It focusses specifically on the most important areas of privacy protection - medical records, communications, criminal investigations and DNA, employment, territory, etc. Finally, it examines how the law may develop in the future.

The right to privacy and corporations

Traditionally the right of privacy has not been recognised at common law. However, recently the High Court has indicated that it may be willing to develop a new tort of invasion of privacy. Several of the justices have stated that the new action would only relate to natural persons, not corporations. This is because the principles said to underpin the right to privacy, autonomy and dignity, are supposedly inapposite to corporations. This article argues that this reasoning is flawed. Neither the right to autonomy nor dignity is capable of underpinning the right to privacy. Hence, no sustainable basis has so far been advanced for restricting the availability of any future tort of invasion of privacy to individuals. This article also questions whether a separate tort is needed in view of the protection already provided to the privacy interests of individuals and corporations under the equitable doctrine of confidence.

Il fascicolo sanitario elettronico tra Semantic Web e diritto alla privacy

Principale obiettivo della ricerca è quello di ricostruire lo stato dell’arte in materia di sanità elettronica e Fascicolo Sanitario Elettronico, con una precipua attenzione ai temi della protezione dei dati personali e dell’interoperabilità. A tal fine sono stati esaminati i documenti, vincolanti e non, dell’Unione europea nonché selezionati progetti europei e nazionali (come “Smart Open Services for European Patients” (EU); “Elektronische Gesundheitsakte” (Austria); “MedCom” (Danimarca); “Infrastruttura tecnologica del Fascicolo Sanitario Elettronico”, “OpenInFSE: Realizzazione di un’infrastruttura operativa a supporto dell’interoperabilità delle soluzioni territoriali di fascicolo sanitario elettronico nel contesto del sistema pubblico di connettività”, “Evoluzione e interoperabilità tecnologica del Fascicolo Sanitario Elettronico”, “IPSE - Sperimentazione di un sistema per l’interoperabilità europea e nazionale delle soluzioni di Fascicolo Sanitario Elettronico: componenti Patient Summary e ePrescription” (Italia)). Le analisi giuridiche e tecniche mostrano il bisogno urgente di definire modelli che incoraggino l’utilizzo di dati sanitari ed implementino strategie effettive per l’utilizzo con finalità secondarie di dati sanitari digitali , come Open Data e Linked Open Data. L’armonizzazione giuridica e tecnologica è vista come aspetto strategico per ridurre i conflitti in materia di protezione di dati personali esistenti nei Paesi membri nonché la mancanza di interoperabilità tra i sistemi informativi europei sui Fascicoli Sanitari Elettronici. A questo scopo sono state individuate tre linee guida: (1) armonizzazione normativa, (2) armonizzazione delle regole, (3) armonizzazione del design dei sistemi informativi. I principi della Privacy by Design (“prottivi” e “win-win”), così come gli standard del Semantic Web, sono considerate chiavi risolutive per il suddetto cambiamento.

Software Principles Yielding Better Levels of Consumer Knowledge Act : report of the Committee on Commerce, Science, and Transportation on S. 687.

"June 12, 2006."