Privacy: Understanding the Needs, Policy, and Approach Owen Greenspan Director Law and Policy...
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Transcript of Privacy: Understanding the Needs, Policy, and Approach Owen Greenspan Director Law and Policy...
Privacy: Understanding the Needs, Policy, and Approach
Owen GreenspanDirector
Law and Policy Program
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org2
A Couple of Observations
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org3
“Widespread reliance on computers to store and convey information generates, along with manifold benefits, new possibilities of error, due to both computer malfunctions and operator mistakes… Computerization greatly amplifies an error’s effect, and correspondingly intensifies the need for prompt correction; for inaccurate data can infect not only one agency, but the many agencies that share access to the database.”
Justice Ginsburg, U.S. Supreme Court, noted in
Arizona v. Evans that….
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org4
The bulk of the criminal justice information maintained in the U.S. is maintained at the State and local level;
Therefore most, but not all, of the legislation on governing this information is found at the State level.
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org5
Fair
Information
Practices
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org6
1. Collection Limitation Principle. There should be limits to thecollection of personal data and any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject.
The Eight Fair Information Practices
(OECD Guidelines on the Protection of
Privacy)
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org7
2. Data Quality Principle.
Personal data should be relevant to the purposes for which they are to be used, and, to the extent necessary for those purposes, should be accurate, complete and kept up-to-date.
The Eight Fair Information Practices
(OECD Guidelines on the Protection of
Privacy)
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org8
3. Purpose Specification Principle.
The purposes for which personal data are collected should be specified not later than at the time of data collection and the subsequent use limited to the fulfillment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose.
The Eight Fair Information Practices
(OECD Guidelines on the Protection of
Privacy)
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org9
4. Use Limitation Principle.
Personal data should not be disclosed, made available or otherwise used for purposes other than those specified in accordance with Paragraph 9 except:
a) with the consent of the data subject; or
b) by the authority of law.
The Eight Fair Information Practices
(OECD Guidelines on the Protection of
Privacy)
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org10
5. Security Safeguards Principle.
Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorized access, destruction, use, modification or disclosure of data.
The Eight Fair Information Practices
(OECD Guidelines on the Protection of
Privacy)
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org11
6. Openness Principle.
There should be a general policy of openness about developments, practices and policies with respect to personal data. Means should be readily available of establishing the existence and nature of personal data, and the main purposes of their use, as well as the identity and usual residence of the data controller.
The Eight Fair Information Practices
(OECD Guidelines on the Protection of
Privacy)
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org12
7. Individual Participation Principle.
An individual should have the right:
a)to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to him;
b)to have communicated to him, data relating to him within a reasonable time; at a charge, if any, that is not excessive; in a reasonable manner; and in a form that is readily intelligible to him;
The Eight Fair Information Practices
(OECD Guidelines on the Protection of
Privacy)
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org13
7. Individual Participation Principle.
An individual should have the right:
c)to be given reasons if a request made under subparagraphs(a) and (b) is denied, and to be able to challenge such denial; and
d)to challenge data relating to him and, if the challenge is successful to have the data erased, rectified, completed or amended.
The Eight Fair Information Practices
(OECD Guidelines on the Protection of
Privacy)
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org14
8. Accountability Principle.
A data controller should beaccountable for complying with measures which give effect to the principles stated above.
The Eight Fair Information Practices
(OECD Guidelines on the Protection of
Privacy)
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org15
Failing to address privacy in the planning and design of a information sharing system risks project failure:
• Threatens public support for your agency
• Political support for what you are trying to accomplish
• Financial support• Operational ability
Owen’s 9th Privacy Principle
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org16
PRIVACY POLICY
DEVELOPMENT
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org17
Global Privacy and Information Quality Working Group (GPIQWG)
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org18
Global Privacy and Information
Quality Working Group (GPIQWG)
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org19
Step One: GOVERNANCE
Step Two: PLANNING
Step Three: PROCESS
Step Four: PRODUCT
Step Five: IMPLEMENTATION
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org20
Governance – Planning Stage
PROJECT CHAMPION
OR SPONSOR
RESOURCES
Empower withAuthority
TEAM FORMATIONTEAM FORMATIONAdvocate&
Defend
FINAL TEAMLEADER &MEMBERS
IDENTIFY TEAM LEADER
BUILD TEAM & STAKEHOLDERS
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org21
Privacy PolicyDevelopment Templates
(From Privacy, Civil Rights, and Civil Liberties, Policy
Templates for Justice Information Systems)
The privacy policy development templates
suggest language for drafting a policy or inter-
agency agreement.
In order to select the correct template or
combination of templates, the agency must first
identify the type of information sharing system
covered by the privacy policy.
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org22
Privacy PolicyDevelopment Templates
What type of information sharing system will be
covered by the privacy policy?
□ Incident or event-based records management system
(RMS)
□ Case management system (CMS)
□ Integrated criminal justice information system
(IJIS or CJIS)
□ Criminal history record information system (CHRI)
□ Criminal intelligence gathering system (CIS)
□ Justice information sharing network
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org23
Privacy PolicyDevelopment Templates
Which of the following best describes the
privacy effort involved?
□ LOCAL SYSTEMS
□ STATEWIDE SYSTEMS
□ STATEWIDE NETWORK INTEGRATING
LOCAL SYSTEMS
□ REGIONAL INFORMATION SHARING
SYSTEMS
□ AD HOC SYSTEMS
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org24
Process Stage
UNDERSTANDINGINFORMATIONEXCHANGES
• Collection• Dissemination & Access• Use• Maintenance & Retention
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org25
ANALYZING THELEGAL
REQUIREMENTS
• Focus• Sources of Legal
Authority• Principles –FIP• Perform Information
Analysis
Process Stage
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org26
Process Stage
IDENTIFYCRITICALISSUES &
POLICY GAPS
• Laws & Policies • Team Privacy Concerns• Build from Existing Laws
& Policies
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org27
Product Stage
VISION&
SCOPE
Team Members
OrganizationalStructure &
Policy Outline
REVISEDDRAFT
POLICYDRAFTSHARESHARE
Stakeholders
Constituents
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org28
PROJECTTEAM
Implementation Stage
FormalAdoption of
Privacy PolicyGOVERNING
BOARD
PUBLICATIONOUTREACH TRAINING
OngoingEvaluation &MonitoringLegislative
Efforts Revisions
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org29
Depending upon the need, the privacy policy will
consist of one or more of the following policy
three templates: TEMPLATE A –
Privacy and civil rights protections for inclusion in enabling
legislation or authorization for the justice information
system
This enabling authority would be included in the statute,
ordinance, resolution, executive order or other document
that authorizes or creates the entity overseeing the
information system.
Alan Carlson’s Privacy PolicyDevelopment Templates
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org30
Alan Carlson’s Privacy PolicyDevelopment Templates
TEMPLATE B –
A basic privacy and civil rights protection policy template
covering day-to-day operation of the justice information
system
This basic system operation would be included in a general
policy applicable to the system, or it would provide the
central provisions of a stand-alone policy covering
protection of privacy, civil rights and civil liberties.
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org31
TEMPLATE C –
Privacy and civil rights protections for an inter-agency
agreement between agencies participating in an
information sharing network or system.
Alan Carlson’s Privacy PolicyDevelopment Templates
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org32
ADDITIONAL
RESOURCES
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org33
ADDITIONAL RESOURCES
www.it.ojp.gov/topic.jsp?topic_id=55
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org34
Homeland SecurityPublications:
Privacy Threshold Analysis
Privacy Impact Assessments-Official Guidance (2006)
Privacy Impact Assessments for various industries
2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org35