Privacy

From Wikipedia, the free encyclopedia

Privacy (from Latin privatus 'separated from the rest, deprived of something, esp. office, participation in
the government', from privo 'to deprive') is the ability of an individual or group to seclude themselves or
information about themselves and thereby reveal themselves selectively. The boundaries and content of
what is considered private differ among cultures and individuals, but share basic common themes.
Privacy is sometimes related to anonymity, the wish to remain unnoticed or unidentified in the public
realm. When something is private to a person, it usually means there is something within them that is
considered inherently special or personally sensitive. The degree to which private information is exposed
therefore depends on how the public will receive this information, which differs between places and over
time. Privacy is broader than security and includes the concepts of appropriate use and protection of
information.

The right against unsanctioned invasion of privacy by the government, corporations or individuals is part

of many countries' privacy laws, and in some cases, constitutions. Almost all countries have laws which in
some way limit privacy; an example of this would be law concerning taxation, which normally require the
sharing of information about personal income or earnings. In some countries individual privacy may
conflict with freedom of speech laws and some laws may require public disclosure of information which
would be considered private in other countries and cultures. Privacy may be voluntarily sacrificed,
normally in exchange for perceived benefits and very often with specific dangers and losses, although this
is a very strategic view of human relationships. Academics who are economists, evolutionary theorists,
and research psychologists describe revealing privacy as a 'voluntary sacrifice', where sweepstakes or
competitions are involved. In the business world, a person may give personal details (often
for advertising purposes) in order to enter a gamble of winning a prize. Information which is voluntarily
shared and is later stolen or misused can lead to identity theft.

The concept of privacy is most often associated with Western culture, English and North American in
particular. According to some researchers, the concept of privacy sets Anglo-American culture apart even
from other Western European cultures such as French or Italian. [1] The concept is not universal and
remained virtually unknown in some cultures until recent times. A word "privacy" is sometimes regarded
as untranslatable[2] by linguists. Many languages lack a specific word for "privacy". Such languages either
use a complex description to translate the term (such as Russian combine meaning of уединение -
solitude, секретность - secrecy, and частная жизнь - private life) or borrow English "privacy" (as
Indonesian Privasi or Italian la privacy)[2].

Types of privacy
The term "privacy" means many things in different contexts. Different people, cultures, and nations have a
wide variety of expectations about how much privacy a person is entitled to or what constitutes
an invasion of privacy.

Physical

Physical privacy could be defined as preventing "intrusions into one's physical space or solitude" [3] This
would include such concerns as:

 preventing intimate acts or one's body from being seen by others for the purpose of modesty;
apart from being dressed this can be achieved by walls, fences, privacy screens, cathedral glass,
partitions between urinals, by being far away from others, on a bed by a bed sheet or a blanket, when
changing clothes by a towel, etc.; to what extent these measures also prevent acts being heardvaries
 video, as aptly named graphics, or intimate acts, behaviors or body part
 preventing unwelcome searching of one's personal possessions
 preventing unauthorized access to one's home or vehicle
 medical privacy, the right to make fundamental medical decisions without governmental
coercion or third party review, most widely applied to questions of contraception

An example of the legal basis for the right to physical privacy would be the US Fourth Amendment, which
guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures",[4]. Most countries have laws regarding trespassing and property
rights also determine the right of physical privacy.

Physical privacy may be a matter of cultural sensitivity, personal dignity, or shyness. There may also be
concerns about safety, if for example one has concerns about being the victim of crime orstalking.[5]

Informational

Data privacy refers to the evolving relationship between technology and the legal right to, or public
expectation of privacy in the collection and sharing of data about one's self. Privacy concerns exist
wherever uniquely identifiable data relating to a person or persons are collected and stored, in digital form
or otherwise. In some cases these concerns refer to how data is collected, stored, and associated. In
other cases the issue is who is given access to information. Other issues include whether an individual
has any ownership rights to data about them, and/or the right to view, verify, and challenge that
information.

Various types of personal information often come under privacy concerns. For various reasons,
individuals may not wish for personal information such as their religion, sexual orientation, political
affiliations, or personal activities to be revealed. This may be to avoid discrimination, personal
embarrassment, or damage to one's professional reputation.

Financial privacy, in which information about a person's financial transactions is guarded, is important for
the avoidance of fraud or identity theft. Information about a person's purchases can also reveal a great
deal about that person's history, such as places they have visited, whom they have had contact with,
products they use, their activities and habits, or medications they have used.

Internet privacy is the ability to control what information one reveals about oneself over the Internet, and
to control who can access that information. These concerns include whether email can be stored or read
by third parties without consent, or whether third parties can track the web sites someone has visited.
Another concern is whether web sites which are visited collect, store, and possibly sharepersonally
identifiable information about users. Tools used to protect privacy on the internet include encryption tools
and anonymizing services like I2P and tor.

Medical privacy allows a person to keep their medical records from being revealed to others. This may be
because they have concern that it might affect their insurance coverage or employment. Or it may be
because they would not wish for others to know about medical or psychological conditions or treatment
which would be embarrassing. Revealing medical data could also reveal other details about one's
personal life (such as about one's sexual activity for example).

Sexual privacy prevents a person from being forced to carry a pregnancy to term and enables individuals
to acquire and use contraceptives and safe sex supplies and information without community or legal
review

Political privacy has been a concern since voting systems emerged in ancient times. The secret ballot is
the simplest and most widespread measure to ensure that political views are not known to anyone other
than the original voter — it is nearly universal in modern democracy, and considered a basic right
of citizenship. In fact even where other rights of privacy do not exist, this type of privacy very often does.

Organizational

Governments agencies, corporations, and other organizations may desire to keep their activities or
secrets from being revealed to other organizations or individuals. Such organizations may implement
various security practices in order to prevent this. Organizations may seek legal protection for their
secrets. For example, a government administration may be able to invoke executive privilege[6] or
declares certain information to be classified, or a corporation might attempt to protect trade secrets.[4]

Spiritual and intellectual

The earliest development of privacy rights began under British common law, which protected "only the
physical interference of life and property." Its development from then on became "one of the most
significant chapters in the history of privacy law."[7] Privacy rights gradually expanded to include a
"recognition of man's spiritual nature, of his feelings and his intellect." [7] Eventually, the scope of those
rights broadened even further to include a basic "right to be let alone," and the former definition of
"property" would then comprise "every form of possession -- intangible, as well as tangible." By the late
19th century, interest in a "right to privacy" grew as a response to the growth of print media, especially
newspapers.[7]

History of privacy

Privacy and technology

As technology has advanced, the way in which privacy is protected and violated has changed with it. In
the case of some technologies, such as the printing press or the Internet, the increased ability to share
information can lead to new ways in which privacy can be breached. It is generally agreed [8] that the first
publication advocating privacy in the United States was the article by Samuel Warren and Louis
Brandeis, The Right to Privacy, 4 Harvard L.R. 193 (1890), that was written largely in response to the
increase in newspapers and photographs made possible by printing technologies. [9]

New technologies can also create new ways to gather private information. For example, in the U.S. it was
thought that heat sensors intended to be used to find marijuana growing operations would be acceptable.
However in 2001 in Kyllo v. United States (533 U.S. 27) it was decided that thermal imaging devices that
can reveal previously unknown information without a warrant does indeed constitute a violation of privacy.
[10]

Generally the increased ability to gather and send information has had negative implications for retaining
privacy. As large scale information systems become more common, there is so much information stored
in many databases worldwide that an individual has no way of knowing of or controlling all of the
information about themselves that others may have access to. Such information could potentially be sold
to others for profit and/or be used for purposes not known to the individual of which the information is
about. The concept of information privacy has become more significant as more systems controlling more
information appear. Also the consequences of a violation of privacy can be more severe. Privacy law in
many countries has had to adapt to changes in technology in order to address these issues and maintain
people's rights to privacy as they see fit. But the existing global privacy rights framework has also been
criticized as incoherent and inefficient. Proposals such as the APEC Privacy Framework have emerged
which set out to provide the first comprehensive legal framework on the issue of global data privacy.

The right to privacy

Privacy uses the theory of natural rights, and generally responds to new information and communication
technologies. In North America, Samuel D. Warren andLouis D. Brandeis wrote that privacy is the “right to
be let alone” (Warren & Brandeis, 1890) focuses on protecting individuals. This citation was a response to
recent technological developments, such as photography, and sensationalist journalism, also known
as yellow journalism. Warren and Brandeis declared that information which was previously hidden and
private could now be "shouted from the rooftops." [11]

Privacy rights are inherently intertwined with information technology. In his widely cited dissenting
opinion in Olmstead v. United States (1928), Brandeis relied on thoughts he developed in his Harvard
Law Review article in 1890. But in his dissent, he now changed the focus whereby he urged making
personal privacy matters more relevant to constitutional law, going so far as saying "the government [was]
identified . . . as a potential privacy invader." He writes, "Discovery and invention have made it possible
for the Government, by means far more effective than stretching upon the rack, to obtain disclosure in
court of what is whispered in the closet." At that time, telephones were often community assets, with
shared party lines and the potentially nosey human operators. By the time of Katx, in 1967, telephones
had become personal devices with lines not shared across homes and switching was electro-mechanical.
In the 1970’s, new computing and recording technologies began to raise concerns about privacy, resulting
in the Fair Information Practice Principles.

An individual right

Alan Westin believes that new technologies alter the balance between privacy and disclosure, and that
privacy rights may limit government surveillance to protect democratic processes. Westin defines privacy
as "the claim of individuals, groups, or institutions to determine for themselves when, how, and to what
extent information about them is communicated to others". Westin describes four states of privacy:
solitude, intimacy, anonymity, reserve. These states must balance participation against norms:

Each individual is continually engaged in a personal adjustment process in which he balances the desire
for privacy with the desire for disclosure and communication of himself to others, in light of the
environmental conditions and social norms set by the society in which he lives. - Alan Westin, Privacy and
Freedom, 1968[12]

Under liberal democratic systems, privacy creates a space separate from political life, and allows
personal autonomy, while ensuring democratic freedoms of association and expression.

David Flaherty believes networked computer databases pose threats to privacy. He develops 'data
protection' as an aspect of privacy, which involves "the collection, use, and dissemination of personal
information". This concept forms the foundation for fair information practices used by governments
globally. Flaherty forwards an idea of privacy as information control, "[i]ndividuals want to be left alone
and to exercise some control over how information about them is used" [13].
Richard Posner and Lawrence Lessig focus on the economic aspects of personal information control.
Posner criticizes privacy for concealing information, which reduces market efficiency. For Posner,
employment is selling oneself in the labour market, which he believes is like selling a product. Any 'defect'
in the 'product' that is not reported is fraud [14]. For Lessig, privacy breaches online can be regulated
through code and law. Lessig claims "the protection of privacy would be stronger if people conceived of
the right as a property right", and that "individuals should be able to control information about
themselves" [15]. Economic approaches to privacy make communal conceptions of privacy difficult to
maintain.

A collective value and a human right

There have been attempts to reframe privacy as a fundamental human right, whose social value is an
essential component in the functioning of democratic societies. [citation needed] Amitai Etzionisuggests
a communitarian approach to privacy. This requires a shared moral culture for establishing social
order [16]. Etzioni believes that "[p]rivacy is merely one good among many others" [17], and that
technological effects depend on community accountability and oversight (ibid). He claims that privacy
laws only increase government surveillance [18].

Priscilla Regan believes that individual concepts of privacy have failed philosophically and in policy. She
supports a social value of privacy with three dimensions: shared perceptions, public values,
andcollective components. Shared ideas about privacy allows freedom of conscience and diversity in
thought. Public values guarantee democratic participation, including freedoms of speech and association,
and limits government power. Collective elements describe privacy as collective good that cannot be
divided. Regan's goal is to strengthen privacy claims in policy making: "if we did recognize the collective
or public-good value of privacy, as well as the common and public value of privacy, those advocating
privacy protections would have a stronger basis upon which to argue for its protection" [19].

Leslie Regan Shade argues that the human right to privacy is necessary for meaningful democratic
participation, and ensures human dignity and autonomy. Privacy depends on norms for how information is
distributed, and if this is appropriate. Violations of privacy depend on context. The human right to privacy
has precedent in the United Nations Declaration of Human Rights: "Everyone has the right to freedom of
opinion and expression; this right includes freedom to hold opinions without interference and to seek,
receive and impart information and ideas through any media and regardless of frontiers." [20] Shade
believes that privacy must be approached from a people-centered perspective, and not through the
marketplace.[21]

Privacy protection

Free market versus consumer protection approaches

Approaches to privacy can, broadly, be divided into two categories: free market, and consumer protection.
[22]
 In a free market approach, commercial entities are largely allowed to do what they wish, with the
expectation that consumers will choose to do business with corporations that respect their privacy to a
desired degree. If some companies are not sufficiently respectful of privacy, they will lose market share.
Such an approach may be limited by lack of competition in a market, by enterprises not offering privacy
options favorable to the user, or by lack of information about actual privacy practices. Claims of privacy
protection made by companies may be difficult for consumers to verify, except when they have already
been violated.

In a consumer protection approach, in contrast, it is acknowledged that individuals may not have the time
or knowledge to make informed choices, or may not have reasonable alternatives available. In support of
this view, Jensen and Potts showed that most privacy policies are above the reading level of the average
person .[23] Therefore, this approach advocates greater government definition and enforcement of privacy
standards.

Privacy law

Privacy law is the area of law concerning the protecting and preserving of privacy rights of individuals.
While there is no universally accepted privacy law among all countries, some organizations promote
certain concepts be enforced by individual countries. For example, the Universal Declaration of Human
Rights, article 12, states:

No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the
protection of the law against such interference or attacks.

For Europe, Article 8 of the European Convention on Human Rights guarantees the right to respect

for private and family life, one's home and correspondence. The European Court of Human
Rights inStrasbourg has developed a large body of jurisprudence defining this fundamental right to
privacy.[citation needed] The European Union requires all member states to legislate to ensure that citizens
have a right to privacy, through directives such as the 1995 Directive 95/46/EC on the protection of
personal data. It is regulated in the United Kingdom by the Data Protection Act 1998 and in
France data protection is also monitored by the CNIL, a governmental body which must authorize
legislation concerning privacy before them being enacted.

In the United Kingdom, it is not possible to bring an action for invasion of privacy. An action may be
brought under another tort (usually breach of confidence) and privacy must then be considered
under EC law. In the UK, it is sometimes a defense that disclosure of private information was in the
public interest.[24]

Concerning privacy laws of the United States, privacy is not guaranteed per se by the Constitution of
the United States. The Supreme Court of the United States has found that other guarantees have
"penumbras" that implicitly grant a right to privacy against government intrusion, for example
in Griswold v. Connecticut (1965). In the United States, the right of freedom of speech granted in
the First Amendment has limited the effects of lawsuits for breach of privacy. Privacy is regulated in
the U.S. by the Privacy Act of 1974, and various state laws.

Canadian privacy law is governed federally by multiple acts, including the Canadian Charter of
Rights and Freedoms, and the Privacy Act (Canada). Mostly this legislation concerns privacy
infringement by government organizations. Data privacy was first addressed with the Personal
Information Protection and Electronic Documents Act, and provincial-level legislation also exists to
account for more specific cases personal privacy protection against commercial organizations.

In Australia there is the Privacy Act 1988. Privacy sector provisions of the Act apply to private sector
organisations with a link to Australia, including: 1. individuals who collect, use or disclose personal
information in the course of a business. For example, a sole trader's business activities will be
regulated (unless it's a small business), but information gathered outside business activities won't
be; 2. bodies corporate; and 3. partnerships, unincorporated associations and trusts - any act or
practice of a partner, committee member or trustee is attributed to the organisation. Organisations
outside Australia must comply with the provisions in some circumstances. Sending information out
of Australia is also regulated.[25]

Particularly in EU member states, there are (as explained) comprehensive regulations for data
protection. However, [26] shows that there is a lack of enfocement of data protection acts, i.e., there
exists law but no institution can or feels responsible to controle the parties involved, and to enforce
law.

Privacy on the Internet

There are many means to protect one's privacy on the internet. For example e-mails can be
encrypted[27] and anonymizing proxies or anonymizing networks like I2P and tor can be used in order
to prevent the internet service providers from knowing which sites one visits and with whom one
communicates.

Privacy and Location Based Services

 As location tracking capabilities of mobile devices are increasing, problems related to user privacy
arise, since user’s position and preferences constitute personal information and improper use of
them violates user’s privacy. Several methods to protect user's privacy when using location based
services have been proposed, including the use of anonymizing servers, blurring of information e.a.
Methods to quantify privacy have also been proposed, in order to be able to calculate the equilibrium
between the benefit of providing accurate location information and the drawbacks of risking personal
privacy.

 PERSONAL PRIVACY

Before you read on,. stop and think for a moment about privacy and the internet. Does this topic even
concern you? Why should anyone worry about privacy issues? Why should educators be concerned?

First, let's begin with you. You write an occasional e-mail to Uncle Joe. You aren't making million dollar
trades online or discussing corporate secrets, so why care? As an educator why does it matter if you are
informed about issues of personal privacy? We believe that the better informed you are about your own
personal privacy issues, the better you will be able to protect the privacy of your students. The more
informed you can become on this topic, the better you will be able to instruct your students. The use of
technology in the classroom is here to stay and it is growing.

ISSUE - COLLECTION OF PERSONAL INFORMATION

In the area of personal privacy there is a large amount of information stored on computers. Consider the
following: medical records, insurance records, pharmacy records, arrest records, employment records,
bank and credit records, social security records, government data banks, tax records, school records,
phone records, video rental records, cable tv records, and mailing lists. The above list is not all inclusive.
It is a good starting point to think about what types of information may be stored on you. Not all personal
information is easily accessible, but some is. How much information do you want others to have access
to? How much protection should be given to records that are stored online?

Medical records should be confidential. In an article for The Washington Post

Magazinehttp://www.washingtonpost.com/wpsrv/national/longterm/exposed/exposed1.htm author Arthur
Allen points out that in the digital age medical privacy is a tradition under assault.

The March/April 1999 issue of Consumers Digest has an excellent article on the privacy of your medical
records. The article by John F. Wasik is titled Protecting Your Medical Privacy  . The article claims that
employers can gain information about your medical records with ease. Mr. Wasik gives the following
statistics:

 One study indicates that 21 percent of workers were fired or laid off after their work-related injury
according to the Texas Research and Oversight Council on Workers' Compensation.
 According to the AFL/CIO, employers commonly use information about an individual's medical
condition on (making) decisions about hiring, firing or promotions.
 Medical information is available from insurers through state workers' compensation programs and
industry databases on insurance claims known as the "Index" system.
 Workers' compensation claim information is easily bought from employment-screening firms for
as little as $12.
  Employers can pull even more medical information from credit records (health-care billing),
bankruptcy records and even handwriting analysis (some medical and mental states) (pg. 60).

The article discusses the damage that the release of medical information has caused for some
individuals. The previously mentioned article Exposed from The Washington Post Magazine by Arthur
Allen also cites examples of harm done to individuals by the release of medical information.

I Love The Internet But I Want My Privacy Too! by Chris Peterson points out a need for heightened
security on medical databases. He recou nts the story of a worker in Florida's public health system who
downloaded onto a disk 4,000 names of individuals who listed HIV positive. The worker copied the disk
and mailed it to all the major newspapers in Florida (pg. 86).

Access to medical information appears to be much too relaxed. Legislation seems to be a step behind
technology. Some information is released because laws are too lax or non-existent. Other information is
released unintentionally through carelessness or intentionally through malicious intent.

Should you have an interest in the issue of privacy and medical records an excellent site to visit is The
Electronic Privacy Information Center - Medical Record Privacy. You can reach it
at http://www.epic.org/privacy/medical/ This will get you started on the information available concerning
medical records. The site has numerous links.

The issue of privacy concerns for medical information directly ties in with the issue of privacy rights in
regards to pharmaceutical and insurance records. Most of you use insurance to pay medical and
pharmaceutical bills. Think about how many times you have signed a consent to release your medical
information so that insurance claims can be processed.

The March/April 1999 Consumers Digest article by John F. Wasik titled Protecting Your Medical

Privacy  explains the MIB. The Medical Information Bureau (MIB) is a national database of health records
maintained by health/life insurers to disclose medical records to other insurance companies and
insurance support organizations. It was formed in 1902 to reduce fraud and make it difficult for policy
applicants to conceal medical information. The MIB is not open to public inspection or direct government
regulations. The Federal Trade Commission looked into the MIB in 1983 and reached an agreement with
them to improve disclosure.

The MIB has a 600 insurance company membership. The MIB has 210 codes for various medical
conditions and "five very limited codes for reporting nonmedical information that might affect insurability".

If you would like to see if the MIB has a file on you, you may request one for $8. To obtain an MIB report
application you can go to www.mib.com or write to the MIB at P.O. Box 105, Essex Station, Boston, MA
02112, or call 617-426-3660 (pg. 63).

PROS AND CONS ON THE COLLECTION OF PERSONAL INFORMATION

Stopping insurance fraud and reducing insurance rates is a wonderful thought. It would appear that the
MIB would be a good idea. The concerns would be who sees your records, how many hands do your
records go through, and what if there are errors on your records. Were you even aware that a bureau like
this existed? We weren't.

Technology offers so many benefits to us. It is wonderful that a doctor can pull up your health records in a
matter of minutes. Doctors can consult on surgeries from thousands of miles away. Prescriptions can
quickly be cross referenced to alert us to dangers. We are part of the society that is use to the "right here
- right now" mind set.

For as long as many of us can remember we have been able to drive right through a restaurant and get
our supper in a matter of minutes. Loans don't take weeks, only a day or less. We are accustomed to
getting the information that we want when we want it. We move at a fast past. Most of us have no
patience for waiting, but we pay a price for the speed of our services.

Technology has helped speed our access to records and other information. We are slowly catching up
with legislation to protect our rights to privacy available via electronic technology. We need to weigh the
benefits to the possible misuse. What price do you put on your privacy?

WAYS TO PROTECT YOUR PERSONAL PRIVACY

Numerous articles offer suggestions for protecting your privacy. One very interesting site to visit is the
Gallatin Group. This site offers a variety of options and things to do to protect yourself on the web.  It also
gives you information on programs you may purchase to help with this as well.  You can reach it
throughhttp://www.gallatingroup.com/how/links_privacy.html

In the area of protecting your medical privacy the best advice we found were the suggestions by John F.
Wasik in his Consumers Digest  article. For complete details the article should be read in its entirety. A
summary of the suggestions are:

 Ask for a copy of your medical records. Correct any misinformation.

 During a hospital stay ask who has access to your records. If your concerns are great ask to see
"access logs".
 If possible, restrict the amount of medical information released to employers or insurers. Be
cautious about signing blanket authorizations for release of information. See if you can negotiate
to restrict the authorization to a specific provider or hospital.
 If you are worried about your personal information being sold don't fill out medical questionnaires,
accompanying surveys, or drug promotions.
 Request a copy of your MIB report.
 If your employer is self-insured ask for a copy of all policies regarding medical information.
 Do not give out your social security number unless you have to.
 Never provide health information over the phone and make sure your health-care provider won't
release your medical records without your written authorization.
 Call or write your congressman or congresswoman with your concerns over medical privacy
issues (pg. 64).

Hopefully we have peaked your interest in what pharmaceutical, medical, and insurance records might be
stored on you. What about other personal information, such as employment records, credit histories and
social security records? Have you ever wondered what information would appear on a background check
done on you?

The book I Love The Internet But I Want My Privacy Too! by Chris Peterson will guide you step by step
in finding out what personal information is available online about you. The book is well written and
understandable to the nontechnical person.

Chris Peterson suggests that you start off with a simple people search. Go to a search engine such as
Yahoo or Excite. Look for the people search or people find and click there to begin. You simply type in
your name and click on search. If you are listed in any phone directory your name, address, and phone
number will appear. You can then click on map to see where your home is located. Driving directions to
your home are also available to someone wanting to locate you.

This type of information has been available for years at the public library. In fact much of the personal
information we discuss has been available for years at libraries and county buildings. We should have
been concerned about our rights to personal privacy long before now. What technology has brought us is
an ease to search for these records from the privacy of our homes and offices. People can search records
with greater ease and anonymity. Electronic access is bringing all our records together in one place -
cyberspace.

"For example, the Kansas State Legislature in 1990 created INK. This
system http://www.accesskansas.org/about-ink.html has a modest annual subscription fee and contains a
wide variety of public records. You can search for motor vehicle and driver records, corporation status,
district court records, medical boards, vital records, and much more.

Indiana has placed a limited number of public records and registries on the Internet. Locating state
records on abandoned property, land, driver's licenses, vehicle liens, titles, and registrations are as
simple as typing in http://www.state.in.us This makes information easily available to the citizens of Indiana
- and anyone else. It provides other services, too. A "Sex Offender Registry" comprises information from
several sources, chief among them the Indiana Criminal Justice Institute. You can search this registry
checking for those convicted of:

 Rape
 Criminal deviant conduct
 Child molestation
 Child exploitation
 Vicarious sexual gratification
 Child solicitation
 Child seduction
 Sexual misconduct with a minor
 Incest" (pgs. 17-18)

In the state we are from , Illinois, you can also find a listing of registered sexual offenders online. By
typing in http://www.idoc.state.il.us/ you can visit the Illinois Department of Corrections site. You can type
in a last name and search to see who with that last name has been an inmate. We selected a last name
at random just to see what information would appear. We were able to read the person's date of birth,
race, sex, height, weight, hair, eyes, date of admittance, discharge date, and sentencing information.

A recent article (April 6, 1999) appeared in our local paper The State Journal Register - Springfield,
Illinois. The article Deadbeats warned: Pay up or be put up by Gordon W. Marsh stated that the Illinois
Department of revenue has warned 5,000 delinquent individuals and business that their names will be
published on the Internet if they do not pay their tax debts. A state law effective in January allows the
publication of this information for taxpayers who have owed the state at least $10,000 for more than six
months. Notice will be delivered to taxpayers 60 days before their names are made public. The
department will exclude the names of those who are in the process of disputing delinquent taxes judicially
or administratively. The list will also exclude those who are paying their debts through an approved plan.

Checking this type of information is very vital for some employers. It would be critical to know if a teacher,
child care provider, or school bus driver was a registered sexual offender. It is understandable that
employers would want to screen prospective employees. What is of great concern is the accuracy of your
records. With the large amount of information that is being stored into databases errors are bound to
occur. Many of the articles you will read in the area of privacy concerns will cite horror stories of
individuals that have battled for years to clear their names.
Chris Peterson explains reference services known as look-ups. These services gather a vast amount of
information about you and store it in one place. Most of the look-up services only sell their information to
other commercial or professional companies, but several look-up services are available directly to
individuals. "If you are working in a company with access to one of these databases, you could sit at your
computer with only a person's name and address and develop a detailed profile. You could discover the
person's prior address, date of birth, and telephone number (even if the number is unlisted). With slightly
more effort and maybe more money, you can learn the person's occupation, Social Security number, and
financial commitments, including the value of his or her house and the property taxes paid on it(pgs 22-
23)."
Before offering personal information to any website you might want to first check out the website to see
how this particular company or organizations handles their information.  The P3P project is a site which
you can visit to check up on websites and companies to see just whom they share their information with.
P3P may be reached at http://www.w3.org/P3P/ 

In I Love The Internet But I Want My Privacy, Too! Chris Peterson takes the reader through the second
step of checking a personal privacy profile. Peterson recommends visiting www.knowX.com Some of the
information available at this site is free and some is available for a fee. If you do your searching during off
hours you may be able to search some areas for free. When you arrive at the knowX site you will be able
to read information about price lists and what type of information is available to search for (pgs. 35-36). It
may be well worth your time to see what information you can find online about yourself.

One of the most vital components needed in locating information about an individual is his or her Social
Security number. Is your Social Security number printed on your checks? How often do you give it out
without a second thought? Maybe you should reconsider how easily you offer your number in the future.

In a brief from the ACLU, Workplace Rights - PRIVACY IN AMERICA: Social Security

Numbers http://www.aclu.org/library/ibpriv4.html your social security number is described as a virtual
pass key to a vast amount of private, and often sensitive, information about you. California's Senator
Dianne Feinstein testified that it took her less than three minutes to retrieve her own SSN from the
Internet.

The Electronic Privacy Information Center (EPIC) claims that Social Security numbers should be
safeguarded. They state that knowing a person's SSN allows access to information such as tax records,
credit records, school records, and medical records. The latest information in regards to legislation
concerning Social Security numbers can be viewed at http://epic.org/privacy/ssn/

For those of you interested in more information on financial records online we would recommend reading
the article Internet Banking Gets Real , by Mike Hogan, published in the February 1999 magazine PC
Computing. You may also wish to start your reading by visiting the following sites:

 Internet Privacy Home Page http://www.osu.edu/units/law/swire1/pspriv.htm

 "Cyberbanking and Privacy: The Contracts Model" by Peter Swire, Ohio State
University http://www.osu.edu/units/law/swire1/cyber.htm

As you will quickly see there is a wealth of information about privacy concerns in each area. We found so
much information that we dedicated sections of the paper to speak directly to such topics as e-mail
privacy, privacy legislation, and children's rights to privacy on the Internet.

 
EDUCATIONAL RAMIFICATIONS

As educators we must consider privacy issues. The Electronic Privacy Information Centers brief Privacy
of Education Records  by David A. Banisar states that education records are protected by a number of
federal and state statutes and regulations. Generally, school records should not be released without the
prior permission of the student.

"The Federal Education Records and Privacy Act (FERPA) [2], commonly known as the Buckley
Amendment, requires that any school or institution that receives federal funds for education may not
release school records or any other personally identifiable information without the prior consent of the
student[3], with a few specific exceptions."(Banisar 1994)

It is interesting to note that posting test scores or other personal information, except directory information,
that is identifiable by either a student's name or Social Security number is a violation of FERPA. Mr.
Banisar recommends that schools should not use Social Security numbers as student identity numbers or
place Social Security numbers on student ID cards.

We would recommend that educators read Mr. Banisar's article

at http://www.epic.org/privacy/education/school.html Educators need to keep abreast of the laws effecting
privacy and students.

Think about technology and the future. Will student records be kept online? How will access to these
records be protected? Will parents be given passwords to gain access to grades for their child? Someday
will we be sending student records from school to school electronically? Student records are confidential.
In our schools they are kept in the office in a locked cabinet. There are strict guidelines to who has access
to the records. If records are ever transported through cyberspace what happens if they are sent to the
wrong place? How will we safeguard this information?We have a lot to consider as educators in the area
of privacy and the Internet.

One of the instructors for this course was Nicholas C. Burbules. Mr. Burbules serves in the Department of
Educational Policy Studies at the University of Illinois, Urbana/Champaign. His article Privacy,
Surveillance, and Classroom Communication on the Internet may be viewed
athttp://www.ed.uiuc.edu/facstaff/burbules/ncb/papers/privacy.html This article will make educators stop
and reflect on what privacy we have ever granted to students. Within his article he discusses the use of
surveillance in the school setting.

ISSUE - ELECTRONIC SURVEILLANCE

Electronic surveillance is a topic in itself. We could compose an entire paper just on its uses in the school
setting. We have become so accustomed to the presence of video cameras that we hardly notice them.
They are at most ATM machines, they are in high crime areas, they monitor traffic along our highways,
they provide security in banks and stores. Some schools even have surveillance cameras.

PROS AND CONS OF ELECTRONIC SURVEILLANCE

We like them. They make us feel safe. But, what about the hidden surveillance cameras? Do we have a
right to privacy? Do we have a right to know if we are being monitored? As you read more about privacy
issues and begin to explore the links we have provided you will come across sites that recount lawsuits
that have been filed due to hidden monitoring.
Electronic surveillance is more than security cameras. Sites are available on the Internet that sell devices
with hidden cameras. You can purchase smoke detectors, clocks, radios, and lamps that cleverly hide
small cameras. The sites often promote the sale of this merchandise as protection for your children
against mistreatment from childcare providers.

Technology has also brought us electronic monitoring. Electronic monitors can be placed on an
individual's ankle to monitor his or her whereabouts. The use of monitors has freed up much needed
space in correctional facilities. Some educators will have students that are under electronic monoriting.

One of the most fascinating articles on surveillance was from PC Computing the April 1999 issue
titled Office Surveillance by Paul Somerson. A Minnesota legal case has brought to light information that
will concern many. In a sexual harassment lawsuit the client's attorneys asked Polar executives a routine
question about the existence of any recordings that could shed light on the case.

It turned out that almost every computer purchased after March 1996 contains a microphone. The IT
departments at Polar and other companies had routinely been using special sound-activated software to
record and collect conversations. Polar's attorneys admitted that most IT departments had been running
special SCP (Speech Collection Port) software that uses the microphones to bug conversations as a
"protective measure." The software can harvest all speech within a five-foot radius of an average PC.

We share this information not to make you paranoid, but to make you aware of privacy concerns. We
need to consider how technology impacts on our privacy as individuals and as educators.

EDUCATIONAL RAMIFICATIONS

As a parent, wouldn't it be nice to log on at work and visit the webcam that is located in your child's
classroom? You could check and see what little Missy is doing, but what if little Missy was having a bad
day? What if other parents were also online watching the classroom? Would you want everyone to see
your child on his or her bad days? What would be the legal ramifications for administrators and teachers?
Would it make teachers better or would it just make them feel like they were always being evaluated?

Webcams in the classroom sounds like such a neat idea. Wonderful things are happening in classrooms
all over the world. Wouldn't it be a great way to show off our schools? Maybe it would even help with
some discipline problems.

But....we have so much to consider before we jump on to something that is new and creative in the area
of technology. What rights do students have? Should the students' privacy be protected? Once again we
must stop and weigh the positives against the negatives. One section of our paper is dedicated to
children's privacy issues and ways that children can be protected.