Unit 3: Privacy and Freedom of Expression (10 Hrs.

Privacy Protection and the Law – Information Privacy, Privacy Laws, Applications,
and Court Rulings; Key Privacy and Anonymity Issues Consumer Profiling, Electronic
Discovery, Workplace Monitoring, Surveillance; First Amendment Rights;
Freedom Expressions: Key Issues; Social Networking Ethical Issues

Privacy Protection and the law

The use of information technology in both government and non-government

sector requires balancing the needs of those who use the information that is
collected against the rights and desires of the people whose information is being
used.

Information about people is gathered, stored, analyzed, and reported because

organizations can use it to make better decisions. Some of these decisions,
including whether or not to hire a job candidate, approve a loan, or offer a
scholarship, can extremely affect people's lives. In addition, the global
marketplace and intensified competition have increased the importance of
knowing consumers’ purchasing habits and financial condition. Companies use
this information to target marketing efforts to consumers who are most likely to
buy their products and services.

Organizations also need basic information about customers to serve them

better. It is hard to imagine an organization having productive relationships with
its customers without having data about them.

Thus, organizations want systems that collect and store key data from every
interaction they have with a customer.

However, many people object to the data collection policies of governments and
businesses on the grounds that they strip individuals of the power to control
their own personal information.

For these people, the existing hodgepodge of privacy laws and practices fails to
provide adequate protection; rather, it causes confusion that promotes doubt
and disbelief, which are further fueled by the disclosure of threats to privacy.

A combination of approaches—new laws, technical solutions, and privacy policies—is

required to balance the scales.

Various forms of personal data

Personal data can encompass a wide range of information that relates to an
identifiable individual. Here are various forms of personal data, including the
examples you provided:

1. Personal Descriptors:

• Includes information that describes an individual, such as:

• Name

• Date of birth

• Gender

• Nationality

• Photographs

2. Identification Numbers:

• Unique identifiers assigned to individuals, which may include:

• Social Security Number (SSN)

• Passport number

• Driver's license number Employee identification number

3. Medical History:

• Information related to an individual's health and medical

background, such as:

• Medical conditions

• Medications

• Allergies

• Hospital records

• Lab results

4. Ethnicity:

• Information about an individual's ethnic or racial background,

which may include:
 • Race

• Ethnic origin

• National origin

5. Financial Data:

• Information related to an individual's financial status, transactions,

and history, including:

• Bank account details

• Credit card information

• Income details

• Tax records

6. Employment History:

• Details about an individual's work and employment, such as:

• Job titles

• Employment dates

• Salary information

• Performance evaluations

7. Police Record:

• Information related to an individual's interactions with law

enforcement, including:

• Criminal record

• Arrest records

• Court proceedings

• Legal charges and convictions

8. Communication Data:

• Information about an individual's communication activities,

including:
 • Email communications

• Text messages

• Phone call records Social media interactions

9. Location Data:

• Information about an individual's physical location, which may

include:

• GPS data

• IP addresses

• Location history from devices

10.Biometric Data:

• Unique physical or behavioral characteristics used for

identification, such as:

• Fingerprints

• Retina scans

• Facial recognition data

Information Privacy

Information privacy refers to the right of individuals to control their personal

information and to keep it secure from unauthorized access or disclosure. It
encompasses the protection of sensitive data from unwarranted intrusion,
ensuring that individuals have a reasonable expectation that their personal
information will be handled responsibly and confidentially. Here are key aspects
and considerations related to information privacy:

1. Data Collection and Consent:

• Individuals should be informed about the collection of their

personal information and provide explicit consent for its use. This
includes being aware of what data is being collected, the purpose
of collection, and any potential sharing or processing.
2. Purpose Limitation:

• Personal data should be collected for specified and legitimate

purposes and should not be further processed in ways incompatible
with those purposes.

3. Data Minimization:

• Organizations should collect only the minimum amount of personal

data necessary for the intended purpose. Unnecessary or excessive
data collection is discouraged.

4. Data Accuracy:

• Personal information should be accurate and kept up to date.

Individuals have the right to request corrections to their data if
inaccuracies are identified.

5. Security Safeguards:

• Organizations are responsible for implementing appropriate

technical and organizational measures to protect personal
information from unauthorized access, disclosure, alteration, and
destruction. This includes encryption, access controls, and secure
storage practices.

6. Data Retention:

• Personal data should not be kept for longer than necessary for the
intended purpose. Organizations should establish clear retention
policies and dispose of data when it is no longer needed.

7. Transparency:

• Individuals have the right to be informed about how their personal

information is being processed. Organizations should provide clear
and easily understandable privacy notices explaining their data
practices.

8. Individual Rights:

• Individuals typically have rights regarding their personal data,

including the right to access, correct, delete, or port their
 information. Organizations must facilitate the exercise of these
rights.

9. Cross-Border Data Transfer:

• When personal data is transferred across borders, organizations

must ensure that adequate safeguards are in place to protect the
information in accordance with relevant privacy laws.

10.Regulatory Compliance:

• Organizations must comply with applicable privacy laws and

regulations. This may include the General Data Protection
Regulation (GDPR), the Health Insurance Portability and
Accountability Act (HIPAA), or other regional and industry-specific
regulations.

11.Accountability:

Organizations are accountable for their data processing activities.

This involves taking responsibility for ensuring compliance with
privacy principles, responding to individual inquiries, and
cooperating with regulatory authorities.
Privacy Laws, Applications, and Court Rulings
In this section we will study legislative acts that affect a person's privacy.
Legislation that protects people from data privacy abuses by corporations is
almost nonexistent.

Although a number of independent laws and acts have been implemented over
time, no single, primary national data privacy policy has been developed in the
United States. Nor is there an established advisory agency that recommends
acceptable privacy practices to businesses. Instead, there are laws that address
potential abuses by the government, with little or no restrictions for private
industry. As a result, existing legislation is sometimes inconsistent or even
conflicting.

Privacy laws generally includes topics like: financial data, health information,
children’s personal data, electronic surveillance, fair information practices, and
access to government records.

The constitution of Nepal includes Right to Privacy as one of the Fundamental

Rights and Duties. In the context of this Rights, the Privacy Act 2075 enacted to
provide legal provisions.
Key Privacy and Anonymity Issues

1. Consumer Profiling: Consumer profiling involves the systematic collection and

analysis of data to create detailed profiles of individuals, encompassing their
preferences, behaviors, and characteristics. Companies often use this
information to tailor advertising and marketing strategies, attempting to predict
consumer behavior and improve targeting. While personalized services can
enhance user experiences, consumer profiling raises privacy concerns. The
aggregation of sensitive personal data without individuals' explicit consent can
 lead to intrusive advertising practices, potential discrimination, and the risk of
personal information being misused or mishandled.

2. Electronic Discovery (E-Discovery): Electronic discovery (E-Discovery) is the

process of identifying, collecting, and producing electronically stored
information (ESI) during legal proceedings. In an era dominated by digital
communication and data storage, E-Discovery has become crucial in legal
investigations. However, it presents challenges to privacy. The extensive
collection of electronic information, including emails, documents, and other
data, can expose sensitive details about individuals. Balancing the need for
relevant evidence in legal cases with protecting privacy rights is an ongoing
challenge, requiring clear legal frameworks and ethical considerations.

3. Workplace Monitoring: Workplace monitoring involves the continuous tracking

and surveillance of employees' activities in the workplace, both online and
offline. Employers use various tools to monitor productivity, internet usage, and
even physical movements. While workplace monitoring can enhance security
and productivity, it raises significant privacy concerns. Employees may feel their
every action is scrutinized, leading to trust issues and potential violations of
privacy. Striking a balance between employers' legitimate interests and
employees' right to privacy requires clear policies, consent, and ethical
considerations.

4. Surveillance: Surveillance refers to the systematic observation of individuals,

often conducted by governments, organizations, or other entities. This can
involve monitoring public spaces, communication channels, or online activities.
Surveillance, when not properly regulated, can infringe on civil liberties and
erode personal privacy. Government surveillance programs, in particular, have
sparked debates about the balance between national security and individual
rights. Effective

oversight, legal safeguards, and transparency are crucial to preventing the abuse
of surveillance powers and protecting the right to privacy. Striking this balance
is essential for maintaining democratic values and upholding individual
freedoms.

Cyberloafing
Cyberloafing refers to the act of employees using their work hours for nonwork-related
online activities, often resulting in a decrease in productivity. This phenomenon is
particularly prevalent in workplaces with internet access, where employees may
engage in activities such as browsing social media, shopping online, playing games, or
watching videos during work hours.

Key aspects of cyberloafing include:

1. Distraction from Work Tasks: Cyberloafing occurs when employees divert their
attention from work-related tasks to engage in online activities that are
unrelated to their job responsibilities. This distraction can lead to a decline in
overall productivity.

2. Internet Access as a Facilitator: The prevalence of internet access in workplaces

has made cyberloafing more accessible. Social media platforms, entertainment
websites, and other online distractions are easily accessible, making it tempting
for employees to indulge in nonwork-related activities.

3. Impact on Workplace Productivity: Cyberloafing can have a negative impact on

overall workplace productivity. When employees spend significant work hours
on unrelated online activities, it may result in missed deadlines, incomplete
tasks, and a decrease in the quality and efficiency of work.

4. Employee Engagement and Job Satisfaction: Frequent engagement in

cyberloafing may indicate underlying issues related to employee engagement
and job satisfaction. Employees who are disengaged or dissatisfied with their
work may resort to online distractions as a means of coping.

5. Technological Solutions and Policies: Employers often implement technological

solutions, such as internet filters and monitoring tools, to curb cyberloafing.
Additionally, workplace policies may be established to clearly communicate
expectations regarding internet usage during work hours.

6. Balancing Breaks and Productivity: While breaks are essential for maintaining
productivity, excessive and uncontrolled cyberloafing can disrupt the balance.
Employees need to find a healthy equilibrium between taking breaks for
relaxation and staying focused on their work tasks.

7. Addressing Root Causes: To effectively address cyberloafing, employers may

need to explore and address the root causes, which could include factors such
as workplace culture, employee motivation, and the overall work environment.
 8. Promoting a Positive Work Environment: Fostering a positive work
environment, where employees feel engaged, motivated, and supported, can
contribute to reducing cyberloafing. Encouraging open communication,
recognizing achievements, and providing opportunities for skill development are
ways to create a positive workplace culture.

Stages of eDiscovery

1. Identification: In the identification stage of eDiscovery, legal teams work to

pinpoint potential sources of electronically stored information (ESI) relevant to
a legal case. Collaborating with IT departments and key personnel, they seek to
understand where relevant information might reside, including email systems,
databases, and servers. The primary goal is to establish a foundation for the
subsequent stages by identifying the likely locations of pertinent data.

2. Preservation: Preservation is a critical stage where legal teams issue legal holds
and preservation orders to safeguard potentially relevant ESI. This involves
notifying custodians and relevant parties to retain specific information,
preventing any alteration, deletion, or destruction of potential evidence. The
aim is to maintain the integrity of the original data and prevent spoliation,
ensuring that the information remains in its original state for legal scrutiny.

3. Collection: Following identification and preservation, the collection stage

involves gathering the identified ESI from various sources, such as computers,
servers, and email accounts. This process is conducted meticulously to minimize
the risk of altering or compromising the

integrity of the data. Collection methods may vary based on the nature of the
information and legal requirements, with the overarching goal of acquiring
relevant data for further analysis.

4. Processing: In the processing stage, the collected ESI undergoes organization,

indexing, and filtering to make it more manageable for review. Duplicate and
irrelevant data is filtered out, and metadata, providing information about the
data, is extracted. The aim is to reduce the volume of data while organizing it in
a way that facilitates a more efficient and focused review process.

5. Review: The review stage involves a comprehensive analysis of the processed

ESI to determine its relevance to the legal case. Legal professionals, often
assisted by eDiscovery software, scrutinize the data for responsiveness,
privilege, and other factors. This stage aims to identify key information, assess
 its admissibility as evidence, and gain a deeper understanding of the facts
relevant to the legal matter.

6. Production: Following the review, the production stage involves presenting the
relevant ESI to opposing parties, regulatory bodies, or the court, adhering to
specified formats. Redactions may be applied to protect sensitive information.
The goal is to fulfill legal obligations by providing necessary information in a
usable format, ensuring transparency and facilitating a fair legal process.

7. Presentation: In some cases, a presentation stage may follow production, where

legal teams incorporate the relevant ESI into their case strategy. This involves
skillfully utilizing the identified and produced evidence during legal proceedings,
reinforcing arguments, and presenting a compelling narrative based on the
discovered information.

First Amendment Rights

The First Amendment to the United States Constitution is a crucial component of the
Bill of Rights, and it protects several fundamental rights related to freedom of
expression, religion, and the right to petition the government. Here are the key aspects
of First Amendment rights:

1. Freedom of Speech:

• The First Amendment guarantees the right to freedom of speech, allowing

individuals to express their thoughts, ideas, and opinions without
government censorship or interference. This protection extends to
various forms of expression, including verbal, written, symbolic, and
artistic.

2. Freedom of the Press:

• The First Amendment protects the freedom of the press, ensuring that
journalists and media organizations have the right to publish news and
information without government censorship. This freedom is crucial for
maintaining an informed citizenry and holding those in power
accountable.

3. Freedom of Religion:

• The First Amendment safeguards the freedom of religion, preventing the

government from establishing an official religion and protecting
 individuals' rights to practice their chosen faith or to abstain from religious
practices altogether. This principle is often referred to as the
establishment clause and the free exercise clause.

4. Right to Assemble Peaceably:

• Individuals have the right to assemble peaceably, whether for purposes of

protest, petitioning the government, or engaging in other collective
activities. This protection ensures that citizens can gather without fear of
government reprisal, fostering the expression of diverse viewpoints.

5. Right to Petition the Government:

• The First Amendment guarantees the right to petition the government for
a redress of grievances. This means that individuals and groups have the
right to communicate with the government, seeking changes in policies or
addressing grievances without fear of retaliation.

Freedom of Expression: Key Issues

While freedom of expression is a fundamental right in many democratic societies,

several key issues and challenges surround its implementation and protection. These
issues often involve striking a balance between preserving the right to free speech and
addressing concerns related to harm, discrimination, and the potential misuse of this
right. Here are some key issues related to freedom of expression:

1. Controlling Access to Information on the Internet:

• The issue of controlling access to information on the internet involves

considerations about governmental or institutional attempts to limit or
regulate what individuals can access online. Concerns arise regarding
censorship, freedom of information, and the right to access diverse
perspectives without undue restrictions.

2. Internet Filtering:

• Internet filtering refers to the practice of blocking or restricting access to

certain websites or content. While filtering may be implemented for
various reasons, including protecting against harmful content, it raises
concerns about overreach, potential abuse, and the restriction of free
expression.

3. Internet Censorship:
 • Internet censorship encompasses a broader range of measures taken by
governments or entities to control or suppress information online. This
could involve blocking websites, monitoring online activities, and limiting
online communication. Striking a balance between protecting society and
preserving free expression is a significant challenge.

4. Strategic Lawsuit Against Public Participation (SLAPP):

• SLAPP refers to the misuse of legal action to silence or intimidate

individuals engaging in public discourse or activism. Such lawsuits can
have a chilling effect on free expression, as individuals may

fear legal repercussions for expressing their opinions or participating in

public debate.

5. Anonymity on the Internet:

• Anonymity on the internet allows individuals to express themselves

without revealing their identities. While this can protect privacy and
enable free expression, it also raises concerns about cyberbullying,
harassment, and the potential for malicious activities without
accountability.

6. Hate Speech:

• Hate speech involves expressions that promote discrimination, hostility,

or violence against individuals or groups based on attributes such as race,
religion, ethnicity, or gender. Balancing the need to prevent harm with the
protection of free speech rights is a challenging aspect of addressing hate
speech online.

7. Pornography on the Internet:

• The presence of explicit or adult content on the internet raises debates

about freedom of expression versus the need to protect certain
audiences, especially minors, from inappropriate or harmful material.
Policies and regulations vary globally in addressing this issue.

8. Fake News:

• The dissemination of false or misleading information, commonly known

as fake news, has become a significant issue in the digital age. Combatting
 fake news while safeguarding freedom of expression poses challenges, as
efforts to address misinformation must avoid overreach and censorship.

Social Networking Ethical Issue

Social networking platforms have become integral parts of modern communication,

connecting people globally. However, they also raise ethical concerns related to
privacy, security, misinformation, and the impact on individuals and society. Here are
some key ethical issues associated with social networking:

1. Privacy Concerns:

• Issue: Social networking platforms often collect vast amounts of personal

information, raising concerns about user privacy. This includes data such
as location, interests, contacts, and online behavior.

• Ethical Considerations: Balancing the need for personalized services with

the protection of user privacy, obtaining informed consent for data
collection, and implementing robust security measures are essential
ethical considerations.

2. Data Security and Breaches:

• Issue: The risk of data breaches on social networking platforms can expose
users to identity theft, financial fraud, and other privacy violations.

• Ethical Considerations: Social networks have an ethical responsibility to

implement robust security measures, promptly address vulnerabilities,
and transparently communicate with users in the event of a data breach.

3. User Exploitation:

• Issue: Social networks may use algorithms and user data to influence user
behavior, often for advertising purposes. This raises concerns about
manipulation and exploitation.

• Ethical Considerations: Ensuring transparency in algorithmic processes,

avoiding deceptive practices, and providing users with meaningful control
over their data are crucial ethical considerations.

4. Cyberbullying and Harassment:

 • Issue: Social networking platforms can be venues for cyberbullying and
online harassment, impacting individuals' mental health and well-being.

• Ethical Considerations: Platforms should actively work to prevent and

address cyberbullying, fostering a safe and inclusive online environment.
Balancing free speech rights with the need to protect users from harm is
an ongoing ethical challenge.

5. Spread of Misinformation:

• Issue: Social media can be a conduit for the rapid spread of

misinformation, fake news, and rumors, contributing to the erosion of
trust and public discourse.

• Ethical Considerations: Platforms should take steps to identify and limit

the dissemination of misinformation, while also respecting freedom of
expression. Encouraging media literacy and critical thinking among users
is also crucial.

6. Addiction and Mental Health Impact:

• Issue: Excessive use of social networking platforms has been linked to

issues such as addiction, anxiety, depression, and poor mental health
outcomes.

• Ethical Considerations: Platforms should acknowledge their role in user

well-being, implement features promoting healthy usage, and address
addiction concerns. Responsible design practices and user empowerment
are important ethical considerations.

7. Inclusive Design and Accessibility:

• Issue: Social networking platforms must ensure that their designs and
features are accessible to individuals with diverse abilities and that they
do not inadvertently exclude certain user groups.

• Ethical Considerations: Prioritizing inclusive design, considering

accessibility standards, and addressing the needs of users with disabilities
are ethical imperatives for social networking platforms.

8. Digital Divide:
• Issue: Unequal access to social networking platforms and the internet can
contribute to a digital divide, disadvantaging individuals or communities
without reliable online access.

• Ethical Considerations: Platforms should work to bridge the digital divide

by promoting universal access, digital literacy programs, and addressing
barriers to entry, ensuring inclusivity and equal opportunities.
Using the internet anonymously

Using the internet anonymously comes with both challenges and benefits, reflecting
the complex nature of balancing privacy with security and accountability. Here's an
overview of the challenges and benefits:

Challenges:

1. Misuse and Illegal Activities:

 • Challenge: Anonymity can provide cover for individuals engaged in illegal
or malicious activities, such as cybercrime, harassment, or the
dissemination of illegal content.

• Concern: Law enforcement and security agencies may find it challenging

to track and apprehend individuals involved in criminal activities when
they operate anonymously.

2. Cybersecurity Threats:

• Challenge: Anonymity can be exploited for malicious purposes, including

hacking, phishing, and other cybersecurity threats.

• Concern: Identifying and holding individuals accountable for cyber attacks

becomes more difficult when they can conceal their identities.

3. Misinformation and Fake Identities:

• Challenge: Anonymity can facilitate the creation of fake identities and the
spread of misinformation on social media or online platforms.

• Concern: Upholding the integrity of online information becomes

challenging when individuals can disseminate content without
accountability.

4. Online Harassment and Cyberbullying:

• Challenge: Anonymity may embolden individuals to engage in online

harassment and cyberbullying without fear of consequences.

• Concern: Victims may find it challenging to seek redress or protection

when harassers can hide behind anonymity.
Benefits:

1. Protection of Privacy:

• Benefit: Anonymity allows individuals to protect their privacy and maintain

control over personal information.

• Advantage: People can express opinions, seek information, and engage in

online activities without the fear of unwarranted surveillance or data
collection.

2. Whistleblowing and Activism:

 • Benefit: Anonymity provides a shield for whistleblowers, activists, and
individuals seeking to expose wrongdoing without facing reprisals.

• Advantage: Encourages transparency and accountability in various domains,

including government, corporations, and organizations.

3. Circumventing Censorship:

• Benefit: Anonymity can help individuals in regions with restricted internet

access or oppressive censorship to bypass such controls.

• Advantage: Fosters free expression and access to information in

environments where these rights may be limited.

4. Protecting Vulnerable Individuals:

• Benefit: Anonymity can be crucial for protecting vulnerable individuals, such

as victims of domestic abuse or those seeking confidential advice.

• Advantage: Encourages people to seek assistance without the fear of

retaliation.

5. Research and Journalism:

• Benefit: Anonymity is important in certain research contexts and

investigative journalism, where protecting sources or subjects is essential.

• Advantage: Enables the pursuit of knowledge and the exposure of issues

that might otherwise be suppressed.

6. Personal Security:

o Benefit: Anonymity can enhance personal security by minimizing the risk of

identity theft, stalking, or physical harm.

o Advantage: Empowers individuals to participate in online activities without

exposing themselves to potential dangers