Running head: SUSTAINABLE PRIVACY PROTECTION
Kimberly Dickerson
American Public University System
Sustainable Privacy Protection
March 27, 2015 Privacy, specifically the sharing of one’s personal information with and without permission, is at the forefront of many conversations today. This topic is a critical aspect of societal existence in the technologically driven 21st century. There’s a plethora of data stored and used in nearly every business operation; and the stored data is often sold to and/or shared with other parties/entities. The management and protection of an individual’s personally identifiable information is paramount to individual and national security.
This article will summarize the Act’s key points of
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Thought to be the origin of privacy rights, the Ninth Amendment provides understanding to all that the rights explicitly stated with the Bill of Rights are not the only rights or protections granted (LII, n.d.). Augmenting the Ninth Amendment, the Fourth and Fifth Amendments provides the right for persons, home, papers and effects to be secure within their own home, against unreasonable search and seizure; and government action leading to self-incrimination, respectively (Ferrera, et.al., 2012).
As business practices/operations grew, the collection, retention, maintenance and data utility requirements grew, particularly in the United States. This task became more manageable with the advancement of technology in the decades of 1960 and 1970. The public’s ‘concern’ of personal information/data abuse began to grow, as well, particularly in light of quick and easy computer searches and file sourcing. To address this growing operational trend and public concern, the Privacy Act of 1974 was passed December 31, 1974.
The Privacy Act was enacted to create a fair practice of collecting, maintaining, using and disseminating personally identifiable information (PII) maintained in systems of records (the contents of an agency’s collection database) (DOJ, 2015). The Privacy Act is a law (or statute) which protects the rights of individuals “not to be watched or followed”, in other words lead their own life in private. Moreover, the Privacy Act regulates
The framers added the Bill of Rights to the U.S. Constitution to ensure citizens’ basic rights. The Ninth Amendment guarantees rights not stated by the Constitution and reads as follows: "The enumeration in the Constitution of certain rights, shall not construed to deny or disparage others retained by the people”.
As human beings and citizens of the world, everyone values their privacy. It is a right that is often looked over and taken for granted by most. Since the beginning of time, there have been concerns about individuals’ rights to privacy and their personal information remaining confidential. Our founding fathers had concerns about this which is why, “…this right has developed into
The Bill of Rights offers many protections, that without it, America would be lacking in basic human rights. In particular, the Ninth Amendment offers a vast amount of protections that other amendments cannot. Essentially, the Ninth Amendment states that Americans rights are not limited to those in the Constitution. In Roe V. Wade, a case tried before the Supreme Court, the Ninth Amendment assisted in sparing the rights of an average citizen named Norma L. McCorvey.
The Fourth Amendment to the United States Constitution was first introduced in 1789 by James Maddison, and was a part of the Bill of Rights which includes the first ten amendments. The Fourth Amendment was created and ultimately it was created to protect two things the right to privacy and the freedom against unlawful invasions. The exact wording of the Fourth Amendment is “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.”(“Fourth Amendment”). Now after reading
The ninth amendment is U.S. citizens are guaranteed their rights that are not listed on the Constitution, such as the right to privacy. Some court cases that are tied with the ninth amendment is the Griswold v. Connecticut (1965), Regents of the University of California v. Bakke (1978), City of Richmond v. J.A. Orson Co (1989), Boy Scouts of America v. Dale (2000), and Grutter v. Bollinger.
The Ninth Amendment offers a protection to the American people, expressing that Americans have more inherent, fundamental rights beyond those that are listed in the Bill of Rights. Even though the first ten amendments to the Constitution were approved to ensure all citizens were granted the same basic freedoms all persons should have, the Ninth Amendment was instrumental in the foresight towards the future and enumerable rights. Though the Amendment was written out of concern that the Bill of Rights would not in fact cover fundamental human rights, the Amendment is still left to the courts to determine exactly what rights the Amendment does and does not protect. Despite many of the other Amendments within the Bill of Rights explicitly stating rights of the Federal Government and protections of the American people, the Ninth Amendment is more open-ended and left to the judgment of an enforcer.
While there is no “right to privacy” explicitly mentioned in the United States Constitution, the Supreme Court believes that several of the Amendments embody this right; specifically the First, Third, Fourth, Fifth, Ninth and Fourteenth Amendments [6]. The First Amendment protects the privacy of one’s beliefs [6]. The Third Amendment protects the privacy of the home against it being forcibly used to house soldiers [6]. The Fourth Amendment protects against unreasonable searches [6]. The Fifth Amendment protects the privacy of personal information [6]. The Fourteenth Amendment provides for a right to liberty in the areas of family, marriage, motherhood, procreation, and child rearing [6]. And lastly the Ninth Amendment is a “catch-all,” declaring that just because a
The first amendment allows the person privacy of beliefs, the fifth amendment give the person privacy of personal information and other amendments gives the person the right of privacy. Some people still argue that Americans doesn’t have the right of privacy. The supreme court, however, recognized that the 14th amendment gives the person privacy in different subjects. After that the court stated that the person has the right for privacy and the person makes his own decision. This source is useful as it supports the idea that americans has the right for privacy. This source is a reliable source as it is published on laws which is a website for publishing articles especially political ones. I think other sources were more helpful as they specified the advantages and the disadvantages of the americans privacy. I can use this source to prove that the right to privacy was one of the amendments in the Bill of
The main purpose for the Ninth Amendment is to protect unenumerated rights which are the rights the Founding Founders felt no need to specifically mention in the bill of rights. (Silent, Daniel A. Forbes) An example would be the right of privacy which is more of a given right and just assumed to be common sense but until the amendment was made the right wasn't protected. The protection of our given right gave to in a bigger limitation to the federal power.(Silent, Daniel A Farber) The Ninth Amendment is solely used to stop the government from expanding in
Privacy is what allows people to feel secure in their surroundings. With privacy, one is allowed to withhold or distribute the information they want by choice, but the ability to have that choice is being violated in today’s society. Benjamin Franklin once said, “He who sacrifices freedom or liberty will eventually have neither.” And that’s the unfortunate truth that is and has occurred in recent years. Privacy, especially in such a fast paced moving world, is extremely vital yet is extremely violated, as recently discovered the NSA has been spying on U.S. citizens for quite a while now; based on the Fourth Amendment, the risk of leaked and distorted individual information, as well as vulnerability to lack of anonymity.
Imagine, that you come back from a hard day’s work. You put on your favorite grey sweats with a cozy sweater. Soon after, you get a cup of hot chocolate with marshmallows. Then you lean back on the sofa, turn on the television and change the channel to the local news. Breaking news with bright red letters are plastered across the screen. The news anchor goes on explaining that an employee at the local hospital accidentally donated data of patients. This means that patient’s social security numbers, addresses, medical records, and other personal information, were given away without patients’ permission or consent. At that moment you realize that all your personal information is out there for everyone to see and use; and there is nothing you can do about it. The collection of personal information is called data mining, and is collected through large online databases. The real question is that data mining violating our privacy and rights? Why are companies still collecting our personal information without our consent and how can we protect ourselves from breaches? Data mining should be limited in the United States and needs to undergo more appropriate privacy and security policies to protect citizens privacy.
According to McCallister, Grance, and Scarfone “Individual harms may include identity theft, embarrassment, or blackmail. Organizational harms may include a loss of public trust, legal liability, or remediation costs” (McCallister, Grance, & Scarfone, 2010) The National Initiative for Cybersecurity Careers and Studies (NICCS) defines PII as “the information that permits the identity of an individual to be directly or indirectly inferred” (NICCS, 2015). PII include name, personal identification number, address information, and last but not least personal characteristics. Federal agency use of personal information is governed primarily by the Privacy Act of 1974 and the E-Government Act of 2002. The Privacy Act of 1974 purpose is to control the collection, use, and disclosure of personally identifiable information in a system of records that are retained by a federal agency. (United States Government Accountability Office , 2008) The E-Government Act 2002 ((PL 107-347) includes a privacy provision, section 208, which “purpose is to ensure sufficient protections for the privacy of personal information as agencies implement citizen-centered electronic Government” (E-Government Act
Private Impact Analysis. To try to stop the leakage of data and the incidental sharing of data the E-Government Act of 2002 required federal agencies to conduct privacy impact analysis (“PIA”) of their information system. The PIAs looks at how data collected by the Federal Government is handled. It observes whether the handling of data is compliant with federal regulations regarding privacy. Moreover, it looks at the risk of taking in data, managing data, and disseminating data when using their information system. Lastly, it allows agencies to look for improved methods of handling data. These PIAs are helpful when converting paper based systems into electronic systems as well as when making changes to an existing system. Furthermore, they should be conducted early in the life of an information system to create a system that mitigates privacy concerns (Holden & Millett,
Throughout time, privacy and security have been two heavily debated topics. There has always been a struggle to find middle ground between a private environment and a secure environment, but the dawn of technology and the Internet has made this struggle even more difficult. The Internet has drastically decreased the expectation of privacy of any and all individuals that have ever used it. Technology in general can pose a threat to an individual’s physical and virtual security. The Internet has also brought forth a sense of anonymity to those looking to conceal their true identities, some of which plan to commit horrific crimes. Privacy and security go hand in hand, however security is by far the most important.
Privacy either encourages or is a necessary factor of human securities and fundamental value such as human embarrassment, independence, distinctiveness, freedom, and public affection. Being completely subject to mutual scrutiny will begin to lose self-respect, independence, distinctiveness, and freedom as a result of the sometimes strong burden to conform to public outlooks.