Privacy Law in a Nutshell
Authors:
Soma, John T. / Rynerson, Stephen D. / Kitaev, Erica
Edition:
2nd
Copyright Date:
2014
8 chapters
have results for Communications
Chapter Four. International Privacy 21 results (showing 5 best matches)
- The European Union’s response was the E.U. Electronic Communications Directive (Communications Directive).Communications Directive creates privacy rules for the telecommunications industry that implement the principles of the Data Protection Directive with respect to communications channels. The Communications Directive speaks specifically to communications privacy in Article 5:
- Member States shall ensure the confidentiality of communications and the related traffic data by means of a public communications network and publicly available electronic communications services, through national legislation. In particular, they shall prohibit listening, tapping, storage, or other kinds of interception or surveillance of communications and the related traffic data by persons other than users, without the consent of the users concerned, except when legally authorized to do so in accordance with Article 15(1). This paragraph shall not prevent technical storage, which is necessary for the conveyance of a communication without prejudice to the principle of confidentiality.
- The Data Retention Directive in fact not only permits Member States to derogate from the privacy protections of the Data Protection and Electronic Communications Directives, but also affirmatively requires the Member States to do so on several points. Member States must enact legislation which compels service providers to retain “data necessary to trace and identify” the source and destination of electronic communications, including the telephone numbers, IP addresses, or other identifiers of both sending and receiving parties. Service providers are also required to preserve information concerning the date, time, and duration of electronic communications as well as the communications protocols used, the transmitting and receiving equipment, and the actual physical location of a mobile device at the time of the communication. ...September 15, 2007 to pass implementing legislation, although they were given the right to exempt certain types of Internet communication from the...
- (10) On 13 July 2005, the Council reaffirmed in its declaration condemning the terrorist attacks on London the need to adopt common measures on the retention of telecommunications data as soon as possible. (11) Given the importance of traffic and location data for the investigation, detection, and prosecution of criminal offences, as demonstrated by research and the practical experience of several Member States, there is a need to ensure at European level that data that are generated or processed, in the course of the supply of communications services, by providers of publicly available electronic communications services or of a public communications network are retained for a certain period, subject to the conditions provided for in this Directive.
- Almost immediately after the passage of the Communications Directive, the Member States began enacting national legislation with significant variations in data monitoring and retention requirements for communications providers. In response to the numerous incompatible and in some instances contradictory national legislative schemes, the European Union responded with yet
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Chapter Three. U.S. Legal Basis of Privacy 27 results (showing 5 best matches)
- The Electronic Communications Privacy Act of 1986 (“ECPA”) was enacted to regulate how the government and individuals obtain access to electronic communications and how these communications are kept and maintained by “electronic communications services” or by “remote computing services.” The definition of electronic communications service under the ECPA includes any service that provides users “the ability to send and receive wire or electronic communications.” The entities regulated by the ECPA include internet service providers, banks, and telephone companies. The ECPA protects information stored by communication services by requiring the service provider to restrict access to only authorized individuals. If the information is in electronic storage, it is illegal for any person to read or alter the information unless one of the limited exemptions provided for under the statute applies.
- The ECPA’s protections of privacy in the workplace are narrow. The ECPA has categorized communications in two ways: (1) stored communications, and (2) live communications. Electronic storage is defined as “any temporary or intermediate storage of wire or electronic communication incidental to the electronic transmission thereof.” While electronic communication is defined as “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, transported in whole or in part by wire, radio, electromagnetic, photoelectric, or photo-optical system.” An employer is not restricted from accessing stored communications. A number of courts have held that, even though an employer may not intercept an e-mail during its transmission, an employer may nevertheless access stored copies as it pleases. ...that swallows the rule in numerous instances, as electronic communications are often automatically stored on a computer hard drive or server as part of the...
- There are three categories of information covered by the ECPA as stored electronic communication services: (1) subscriber information, (2) transaction records, and (3) actual content of communications. “Subscriber information” includes the subscriber’s name, physical address, IP address, type of service, and method of payment. Subscriber information can be obtained via a subpoena without having to notify the account holder. The transaction records can be obtained through a court order. These records contain information pertaining to particular communications, but such records do not include the actual communications content. In order for the government to access transaction records, it must show reasonable grounds that the information sought is relevant to an ongoing criminal investigation.
- An exception to the ECPA for monitoring of live communications exists if employees give consent to interception, and even if an employer does not seek their permission, such monitoring may still fall under an exception if the violation occurs during the ordinary course of business. Although an employee does retain a reasonable expectation of privacy in the workplace, the employer’s interests in preventing illegal, disruptive, or inappropriate communications is typically considered to outweigh the employee’s workplace privacy interests.
- In addition to current and former clients, the attorney also has a duty to protect some, but not all, communications with prospective clients. Any discussions with an attorney regarding the possibility of forming an attorney-client relationship are considered communications with a prospective client.
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Index 7 results (showing 5 best matches)
- “Phishing” is a broad term covering any sort of internet fraud scheme designed to trick the recipient into revealing credit card account information, passwords, Social Security numbers, and other personal information to individuals who intend to use them for fraudulent purposes. Phishing typically involves communications (particularly e-mails) made to appear as if they have come from a reputable source, whether a government agency, such as the IRS, or a commercial source, like the victim’s bank. The communications often instruct the recipient to verify or update account information by requesting a reply to the e-mail with updated information, or by providing the recipient with a link to a website where the new information may be entered. Regardless of type, phishing schemes are typically dealt with via traditional laws governing fraud or criminal impersonation. The most commonly encountered types of phishing schemes include:
- • The FAA allows U.S. intelligence to target persons outside of the United States and monitor their electronic communications. The FAA does not permit targeting of any person known to be located in the United States, nor does it permit the targeting of any U.S. person.
- Google Inc. Gmail Litigation, No. 13-MD-02430-LHK, 2013 WL 5423918, at *14 (N.D. Cal. Sept. 26, 2013) (“Google has cited no case that stands for the proposition that users who send emails impliedly consent to interception[ ] and use of their communications by third parties other than the intended recipient of the email.”).
- Facebook, this means presenting its users with targeted advertising based on real-time comments and conversations the user is having with other Facebook users. Another company, Zoomph, brings this type of technology to all social media networks, like Twitter and Instagram. If the testing of these programs is successful in 2013, real-time advertising could become a reality in all of our online communications.
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Chapter Two. History and Definitions 7 results (showing 5 best matches)
- Whether altering the definitions of privacy or causing greater collection, retention, and use of personal information, technology challenges and reshapes privacy law and policy on a daily basis. Indeed, courts recognized almost as a matter of course when adopting the privacy torts that technological advancements have altered traditional expectations of privacy. These advancements assist the aggregation, storage, and analysis of immense amounts of information about people; breed an extraordinary capacity to track and monitor people; and permit access to, communication, and publication of this information at ever-greater volumes and speeds.
- potential inconsistency, articulated six limitations on the right to privacy. First, the right to privacy generally permits publication of public material. Matters of general or public interest do not facilitate an unwarranted invasion of individual privacy—the very event Warren and Brandeis sought to protect. Second, “the right to privacy does not prohibit the communication of any matter, though in its nature private, when the publication is made under circumstances which would render it a privileged communication according to the law of slander and libel.”
- The intimacy definition can also be criticized for arguably discarding the notion that an individual may have a privacy interest in his or her internal thoughts or acts taken in solitude because of its emphasis on person-to-person communications.
- ...that natural justice and the needs of the society in which we live should prevail over objections based upon the novelty of the asserted cause of action. It is time that fictions be abandoned and the real character of the injury be frankly avowed. When Brandeis and Warren wrote in 1890, it was the unseemly intrusions of a portion of the press into the privacy of the home that was emphasized as the main source of evil; since then motion pictures and the radio have been perfected and have taken their places among our great industries, while instantaneous photography today accomplishes miracles scarcely dreamed of fifty years ago. Thus, the potentialities for this character of wrong are now greatly multiplied. A decision against the right of privacy would be nothing less than an invitation to those so inclined who control these instrumentalities of communication, information and education, to put them to base uses, with complete immunity, and without regard to the hurt done...
- These provisions include at least rights of inviolability of the home and secrecy of communications. In countries including the United States, where no explicit right to privacy is found in the Constitution, the right is often implied through other provisions. In the 1960s, protecting personal information became an increasing concern because of the digitization of personal information and the increased reliance by both public and private entities on the collection, use, storage, and exchange of personal information. In the early 1970s, countries began adopting laws to protect the privacy of information within their countries and, by the late 1980s, most advanced industrial countries had adopted some form of privacy law.
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Chapter One. Introduction 1 result
- Most law students will receive only tangential schooling on the subject of privacy law. Criminal procedure discusses the constitutional limits on where police can go and what evidence the police can collect in criminal investigations under Fourth Amendment searches and seizures; reproductive, sexual and family privacy is deemed a subset of First and Fourteenth Amendment jurisprudence; and privacy in cyberspace is often treated as a subset of intellectual property or communications
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- Publication Date: March 3rd, 2014
- ISBN: 9780314289421
- Subject: Privacy Law
- Series: Nutshells
- Type: Overviews
- Description: The Privacy Nutshell briefly reviews the historical roots of privacy, and then examines each of these U.S. privacy statutes and regulations. Virtually all governments and businesses face privacy considerations as technology continues to evolve. Legal issues related to privacy are exploding on the U.S. legal scene. The EU has a long history of a strong regulatory privacy regime. The U. S., however, follows a sectoral approach to privacy, whereby Congress responds to each privacy “crisis” with a new statute and set of regulations. This sectoral approach has resulted in a unique series of privacy rules for different areas of society. The Privacy Nutshell is an excellent introductory guide to the legal privacy world.
