Implementing
PIPEDA: A Review of Internet Privacy
Statements
and Online Practices
___________
Annotated Research Bibliography
Books:
- Solove,
D.J. "Information privacy law,"
(Aspen Publishers, 2003)
Location: Bora Laskin KF1262 .S66
2003 (stacks)
One of best works on
privacy law to date featuring an author collaboration between Daniel J. Solove,
one of the field's most prolific and respected scholars, and Marc Rotenberg,
one of the leading experts in internet law and best-known privacy advocates in
the world; a format that's easy to teach, with clear, engaging introductions to
each topic, less extraneous material, a sharper focus on major cases, and an
accessible organization for two- or three-credit courses; stim-ulating readings
and pedagogy that cover the full spectrum of privacy issues and controversies,
including such topics as Megan's Law, genetic privacy, internet profiling and
cookies, government computer searches, employee monitoring, and more.
- Glenn, R.A., "The right to privacy:
rights and liberties under the law" (Santa Barbara, CA : ABC-CLIO,2003)
Location: Bora Laskin
KF1262 .Z9 G59 2003 (stacks)
Definitions of privacy,
the significance of privacy, privacy in the U.S.
political system, current breadth of the right to Privacy; includes several
documents in chapter 6, privacy essays and case reviews.
- McNairn, C.H.H, "Privacy Law in Canada" (Butterworths, 2001)
Location: Bora Laskin
KE1240 .M25 2001
- Oppenheim, C., "The legal and regulatory environment for
electronic information" (Infornotics, 1999)
Location: Information Studies Inforum 346.40482 O62L3
1999.
- Communications Canada, "Privacy
Protection in Telecommunications: discussion paper and proposed
principles." (Communications
Canada, Ottawa: 1992).
Location: Information
Studies Inforum 342.710858 C212P (stacks)
Discussion papers including an extensive
bibliography.
- Hamline University. School of Law, "Computers,
privacy and the law," Advanced Legal Education, Hamline University School of Law, c1983- 1 v.
(loose-leaf)
Location:
Bora Laskin KF1263 .C6 C65 (Stacks)
- L.
Murray, "The Canadian Privacy Law
Handbook" (Centrum Information
and Conferencing, Inc., 2000)
Location: Bora Laskin
KE1242 .C6 L65 (stacks)
- D. Gibson, "Aspects
of privacy law : essays in honour of John M. Sharp" (Butterworths,
1980)
Location: Bora Laskin
KF1262 .A75 A76 (stacks)
- K.P.
Cronin, "Data security and privacy law : combating cyberthreats"( Thomson/West, c2002)(loose-leaf)
Location: Bora Laskin, KF1263 .C65 C76 (stacks)
- C,
Kuner, "European data privacy law and online business" (Oxford University Press, 2003)
Location: Bora Laskin
KJE6071 .K86 2003 (stacks)
This book provides a pragmatic discussion of European
data protection law as it relates to conducting business in the online
environment - both outward facing e-commerce activities and internal data
management processes. It analyses the relevant EU legislation and case-law, and
makes particular reference to the EU Data Protection Directives as well as to
the national regulatory systems in Europe and the US.
- Canadian Bar Association, "Hide
and seek: current issues in freedom of information and privacy law,"
(Canadian Bar Association, Ontario -- Continuing Legal Education, 1994.
Location: Bora Laskin
KF5753 .A75 H42 1994 LAW
- J.W. DeCew, "In
pursuit of privacy: law, ethics, and the rise of technology" (Cornell University Press, 1997).
Location: Bora Laskin
KF1262 .D43 1997 LAW
In this work, DeCew
provides a solid philosophical foundation for legal discussions of privacy by
articulating and unifying diverse arguments on the right to privacy and on how
it should be guaranteed in various contemporary contexts.
- T.S. Onyshko, "Information Privacy and Law in Canada" (Thesis, 1995)
Location: Bora Laskin
KF5753 .O59 1995 LAWT
- H.H. Perritt, "Law and the information superhighway: privacy, access, intellectual
property, commerce, liability" (J. Wiley __ Sons,1996)
Location: Bora Laskin KF2765 .P47
1996 LAW (stacks)
- L.R, Fischer, "The Law of Financial Privacy: a
compliance guide," 2 ed. (Warren, Gorham __ Lamont, 1991)
Location: Bora Laskin KF1030 .R3
F57 1991 (stacks)
- Aspen Law __
Business "Law of
Internet Security and Privacy" (New York, NY: Aspen Law __ Business, 2002) (Annual
Report)
Location: Bora Laskin KF390.5 .C6
L35 2003 (stacks)
- J.B. Kennedy,
"Privacy Law: new developments and
issues in a security-conscious world" (New York: Practising Law Institute, 2001)
Location: Bora
Laskin KF1262 .Z9 P75 2001 (stacks)
- P.
Platt, "Privacy Law in the Private
Sector: an annotation of the legislation in Canada" (Washington, DC: US Privacy Protection Study
Commission, 2002)
Location: Bora
Laskin KF1262 .A855 (stacks)
- R.J.
Klotz, "The Politics of Internet
Communication" (Lanham, MD: Rowman __ Littlefield, 2004)
Location: Robarts
Library HM851 .K57 2004X (stacks)
A general discussion of
the emergence of the internet, the politics of internet access, political
advocacy on the internet, government media and use of the internet, legal and
regulatory framework of cyberspace.
- B. McIsaac, "The Law of Privacy in Canada" (Carswell,
2000)
Location: Bora
Laskin KE5325 .M32 LAWC (short term loan)
- W.
Madsen, "Handbook of Personal Data
Protection," (M. Stockton Press, 1992)
Location:
Information Studies Inforum 342.0858 M183H (stacks)
- B. Cleaver, "Handbook Exploring the Legal Context
for Information Policy in Canada"( Faxon Canada, 1992)
Location: Bora Laskin KF5753 .H36
1992 LAW (stacks)
- R. Wacks, "Personal Information: Privacy and the
Law" (Clarendon Press; 1989)
Location: Bora Laskin K3263 .W33 (stacks)
- J.D,
McCamus, "Freedom of Information:
Canadian Perspectives" (Butterworths, 1981).
Location: Bora
Laskin KF5753 .F73 (stacks)
- "A Guide to the Personal
Information Protection and Electronics Documents Act" ( Markham, Ont.: Butterworths Canada, 2000)
Location: Bora
Laskin KE4422 .A31 G8 2000 (stacks)
- S. Perrin, "The personal
information protection and electronic documents act : an annotated guide" (Irwin Law, 2001)
Location: Bora Laskin KE4422 .A31 P47 2001 (short term loan)
A
valuable nuts-and-bolts run down on the PIPEDA in a brief and concise format.
- Cavoukian, A. and Hamilton T., "The Privacy Payoff" (Toronto; McGraw-Hill Ryerson, 2002)
Location: Bora Laskin
HF5548.32 .C38 2002 (stacks)
Businesses eagerly
collect information about their customers through knowledge-based technology,
hoping to better serve their customers and increase profits. But most firms
overlook one key point -- customers don't like it. Going beyond quick fixes, The Privacy Payoff offers companies
concrete steps to avoid the risks of the privacy minefield and reap the
advantages of a privacy-sensitive corporation. Written in engaging yet
approachable language, it discusses topics such as global regulations and
trends, drafting and implementing a privacy policy, and more.
- C.J. Bennet, "The governance of privacy: policy
instruments in global perspective" (Ashgate Aldershot, 2003)
Location: Bora Laskin JC596 .B46 2003
- M. Curtin, "Developing
Trust: Online Privacy and Security" (Apress, 2002)
Location: Information Studies Inforum 005.8 C978D (stacks)
An Internet
security expert's new book is an indispensable resource for both novice and
expert security professionals alike, providing indispensable information
regarding all facets of understanding, creating, and maintaining secure
Internet systems. Curtin instructs readers on how to implement a "big
picture" security strategy, preferable over the narrow-minded
"patching" strategy so commonplace today.
- M. Schachter, "Informational and Decisional
Privacy," (Carolina Academic Press, 2003).
Location: Bora Laskin
KF1262 .S33 2003
- R. Herold, "The privacy papers : managing technology,
consumer, employee, and legislative actions" (Boca Raton, Fla: Auerbach,
2002)
Location: UofT
Mississauga Library KF1262 .P754 2002 (stacks)
Everything you've ever wanted to know
about privacy, corporate best practice and the law but were afraid to ask in a
powerful 679 page book.
- E.E. Clark, "Privacy
and the Internet" (Pyrmont, N.S.W.: Law book Co.,
2002)
Location: Bora Laskin
KU942.7 .C65 C53 2002
- A.K. Ghosh, "E-commerce
Security and Privacy" (Kluwer
Academic Publishers, 2001)
Location: UofT
Scarborough, QA76.9 .A25 E38 2001 SCAR (stacks)
- M. Grossman, "Technology law: what every business (and
business-minded person) needs to know" (Lanham, Md: Scarecrow Press, 2004)
Location: Bora Laskin
KF390.5 .C6 G76 2004
The law:
technology, copyright, and intellectual property -- Venture capital and
financiers: getting started correctly -- Contracts and contracting: laws,
issues, and tips -- The Internet: e-commerce, legalities, and getting paid --
Websites: development and upkeep; laws, issues, and solutions -- Employees'
rights, obligations, and pitfalls in litigation -- Piracy and crime: schemes
and scams -- Privacy, policy, and, encryption -- Negotiations: policies,
procedures, and suggestions -- History, background, thoughts, and legal
considerations.
- K. Rubin, "How
Private is Private? Some Experiences and Accounts about Federal
Information Privacy Policies" (Hull : Supply and Services Canada, 1979)
Location: Information
Studies Inforum 323.43 R896H (stacks)
A little dated but
provides a historical backdrop to the issues addressed in this research effort.
A twenty years historical backdrop is sufficient to contextualise research
findings.
- OECD, "Privacy Online: OECD Guidelines on
Policy and Practice"(Paris: OECD, 2003)
Location: Data, Map __ Government
Information Services, ZZ...ED....-2003P65
- P. Carey (LLM), "E-Privacy and Online Data Protection"
(Buttterworths, 2002)
Location: Bora Laskin KD3756 .C367 2002 (stacks)
- E Gratton, "Internet
and Wireless Privacy: a legal guide to global business practices" (CCH,
Canada: 2003)
Location: Bora Laskin HF5415.1265 .G73 2003 (stacks)
- A.J. Marcella and C.
Stucki, "Privacy Handbook:
guidelines, exposures, policy implementation and international issues"
(Hoboken, N.J.: John Wiley __ Sons, Inc.,
2003.)
Location: Bora Laskin JC596.2 .U5 M317 2003
How privacy
management dictates corporate performance. In today's politically and
financially volatile environment, corporations must keep up with current
privacy legislation and mores, as well as have a strong company privacy policy
that their employees and customers can trust. The Privacy Handbook provides
organizations with everything they need to know to ensure that privacy
considerations cohere with their global business strategy. Authors Albert
Marcella and Carol Stucki discuss the critical risk areas regarding corporate
privacy, examining them from every individual, organizational, and national
angle.
Topics
covered include: Domestic and international privacy, advocates, Employee
monitoring, Technological surveillance, Data sharing, Retention procedures,
Identity theft, Software tools.
The Privacy
Handbook proves a comprehensive resource for CEOs, CFOs, CIOs, audit managers,
controllers, and corporate lawyers
.
- S. Gutwirth, "Privacy in the Information Age" (Rowman __ Littlefield Publishers, 2002)
Location: Bora Laskin K3263 .G8813 2002 (stacks)
Serge
Gutwirth advances the intriguing thesis that privacy is in fact the safeguard
of personal freedom--the safeguard of the individual's freedom to decide who
she or he is, what she or he does, and who knows about it. Any restriction on
privacy thus means an infringement of personal freedom. And it's exactly this
freedom that plays an essential role in every democracy.
- A
Frackman, "Internet and Online
Privacy: a legal and business guide" (New York: ALM Publishers, 2002)
Location:
Bora Laskin KF390.5 .C6 F69 2002 (stacks)
Analyzing the legal
issues concerning online and Internet privacy, this book covers the historical
developments leading to the current state of the law and the relevant legal
actions that have helped to shape it. Examined are the leading lawsuits that
have asserted invasion of privacy on the Internet, the comparison of the state
of the law in the United States with that of its
principal trading partners around the world, and enforcement activity by the
Federal Trade Commission. Also covered are proposals for new legislation and
precedents for drafting a privacy policy that conforms to standards required by
United States and international law.
- D. Peppers, "Managing
Customer Relationships: a strategic framework" (John Wiley __ Sons,2004)
Location: Business Information Centre
(Rottman) HF5415.5 .P458 2004 (stacks)
Part 1:
Principles of managing customer relationships; Evolution of relationships with
customers; Thinking behind customer relationships -
Part 2:
"IDIC" implementation process: a model for managing customer
relationships. Customer relationships: basic building blocks of IDIC and trust;
Identifying customers; Differentiating customers: some customers are worth more
than others; Differentiating customers by their needs; Interacting with
customers: customer collaboration strategy; Using the tools of interactivity to
build learning relationships; Privacy and customer feedback; Using mass
customization to build learning relationships -
Part 3;
Measuring and managing to build customer value; Measuring the success of
customer-based initiatives; Customer analytics and the customer-strategy
enterprise; Organizing and managing the profitable customer-strategy
enterprise; Delivery channel issues of the enterprise focused on building
customer value; Store of the future and the evolution of retailing -- Appendix:
Where do we go from here?
- M.,
Henry, "International Privacy,
Publicity and Personality Laws' (Butterworths, 2001)
Location: Bora Laskin
K3263 .I58 2001 (stacks)
- Office of the
Privacy Commissioner, "Your
privacy responsibilities : Canada's
Personal Information Protection and Electronic Documents Act : a guide for
businesses and organizations" (OPC: Canada, 2000)
Location: Trinity College
Library KE5325 .A32 A2 2000 TRIN (stacks)
An official guide to PIPEDA
- H. Henderson, "Privacy in the Information Age" (New York : Facts On File, c1999)
Location: UofT
Scarborough KF1263 .C65 H46 1999 SCAR (stacks)
This book
includes a guide on researching privacy issues.
"In a world
in which information on individuals is available quickly, cheaply, and easily,
interest in privacy rights is growing. Both theoretical and practical, this
book does a creditable job of surveying the topic by providing an overview of
the issues, a survey of the applicable laws and court cases, a chronology, and
an extensively annotated bibliography. The chapter titled "How to Research Privacy Issues" is a comprehensive
pathfinder, complete with search strategy tips and URLs for web-based
searching. Librarians will like the section on organizations and agencies that
directs users to associations with an interest in privacy rights. The entries
here include the requisite name, address, and phone number as well as the
organization's URL and e-mail address and a description of purpose. An
important resource for any library in which privacy issues are investigated."--Joan Pedzich, Harris, Beach __ Wilcox, Rochester, NY
Copyright 1999 Cahners Business Information
Some would
say that a half page or so would cover the subject entirely, but Henderson, a
technical writer, is concerned not so much with personal privacy itself as the
lack of it, the implications for individuals, and the measures to slow its
further erosion. He explores who owns personal information, whether people have
the right to decide who gets information and what they do with it, who is
responsible when erroneous information leads to denial of service or arrest,
and other issues. Like others in the series, the volume is intended to provide
facts and views to support debate.
- L. Lessig, "Code and Other Laws of Cyberspace,"
(New York: Basic Books,1999)
Location: Bora Laskin ZA3225 .L47 1999 (stacks)
"With the
assistance of a team of researchers, Jamieson--who is dean of the Annenberg
School of Communications at the University of Pennsylvania and author
of Packaging the Presidency--presents a collection of essays that empirically
challenge some widespread political assumptions. The findings are extrapolated
from the Annenberg Campaign Mapping Project, the most thorough investigation
conducted of modern presidential campaigns, which was based on analyses of
2,535 speeches, 880 ads, and 23 debates. The author stresses the importance of
campaigns: presidents work hard to keep their campaign promises, or voters will
penalize them. Campaign ads are important, and negative ads are useful when
they criticize an opponent's policies. Televised news is racially biased, one
of her studies reveals: persons of colour are more likely to be portrayed as
perpetrators and whites as victims, although most crimes are intra- and not
interracial. The optimistic Jamieson disputes the unsubstantiated view of a
broken political system manipulated by scheming politicians who run rampant
over an apathetic electorate. This scholarly yet accessible appraisal is
recommended for academic and larger public libraries"-- Karl Helicher, Upper Merion Twp. Lib., King of Prussia, PA Copyright
2000 Cahners Business Information.
- European Commission,
"On-line Services and Data
Protection and the Protection of Privacy" (Luxembourg: Office for
Official Publications of the European Communities; Lanham, Md.: Bernan
Associates [distributor], 1999.)
Location: Data, Map
and Government Information Services, ZZ...EM.260-1999O54 (government
publications)
- J. Holovast, "The
Global Encyclopaedia of Data Protection Regulation" (Kluwer Law International, 1999)
Location: Bora Laskin K3264 .C65 G58 LAW V.1 (stacks)
A valuable resource for
comparative research on privacy regulations in other jurisdictions as in the
year 1999; may provide a point of departure and should be used to point the
researcher in the direction possible amendments, repeals and replacements of
the data protection laws discussed here.
- A, Etzioni, "The Limits of Privacy" (Basic Books,1999)
Location: Robarts Library JC596.2 .U5 E79 1999X (short term loan)
This is an
interesting and provocative debate on the need to qualify rights to privacy.
"Sociologist
Etzioni's latest [book] will stir debate on issues of privacy. As in previous
books (e.g., The New Golden Rule, Basic Books., 1997), Etzioni espouses the
philosophy of communitarianism, which holds that individual rights must be
balanced with concern for the common good. He favors HIV testing of infants,
opposes encrypted messages, favors national ID cards, and proposes isolating
sex offenders in villages akin to leper colonies. The book carefully dissects
each issue, offering detailed statistics and addressing opposing viewpoints. At
the conclusion of each chapter, Etzioni shows how a balanced analysis leads to
a solution. He criticizes the ACLU for its sole emphasis on individual
liberties and argues that the Constitution's Fourth Amendment, the right to be
free from unreasonable search and seizure, does not make privacy a privilege.
While not everyone will agree with his conclusions, Etzioni has crafted a
compelling argument for compromise between the views of libertarians and
government. Recommended for all public libraries." --Harry Charles, Attorney at Law, St. Louis Appeared
in: Library Journal, Apr 01, 1999 (c)
Copyright 1999, Cahners Business Information, a division of Reed Elsevier, Inc.
All Rights Reserved
Journal
Articles:
Location: Online, Lexis-Nexis
To accommodate public concerns regarding actual or perceived privacy rights,
businesses must adopt a credible privacy protection policy. By creating a
written policy, both the consumer and the seller know the rules. The seller
would be bound under contract law and other consumer laws to adhere to the
written policy. Finally, when a customer still insists on his or her right to
return, notwithstanding the written policy, good communication of the policy,
and the trained and helpful staff, businesses should designate an employee or employees
trained to tactfully talk with the irate
customer.
- R.K. Pippin, ‘Consumer Privacy on the Internet:
It's "Surfer Beware"' (1999) 47
A.F. L. Rev. 125.
Location: Online, Lexis-Nexis
A web site, in reality, is an Internet destination where you can look at and
retrieve data. What many consumers are unaware of is that web sites also
collect personal information through cookies, or cookie files.
Cookie technology refers to a file left on a computer's hard drive to track the
user's travels around a particular web site. A seal program requires the
licensees to abide by codes of on-line information practices and to submit to
various types of compliance monitoring in order to display a program's privacy
seal on their web site. However, it is worth emphasizing that in the world of
on-line privacy, one does not have to buy something to have personal
information collected on them -- simply visiting a web site is enough. Turning
again to the FTCA, the Commission alleged the web site falsely represented that
personal information collected from children, including information about
family finances, would be maintained anonymously. The seal program only covered
the Microsoft web site and, therefore, did not apply to privacy breaches
involving its software.
- M.C. Keck, "Article: Cookies, The
Constitution, and The Common Law: A Framework For The Right Of Privacy On
The Internet" (2002) 13 Alb. L.J.
Sci. __ Tech. 83
Location: Online, Lexis-Nexis
The advent of the
information age has created new mediums to access the flow of personal
information that endanger both the privacy and dignity of our well-ordered
society. However, if a user submits personal information to a website, the
third-party can then begin to create a personally identifiable profile of the
user. These [Court decisions] and other references to the right of privacy,
particularly as a protection against various types of governmental interference
and the compilation of elaborate written or computerized dossiers, may give
rise to the expansion of the four forms of tort liability for invasion of
privacy listed in this Section or the establishment of new forms. In the
Shibley case, long before the advent of the commercial Internet, the court in
1975 focused on the fact that the Ohio legislature allowed the sale of the
names and addresses of registrants of motor vehicles finding that,
"defendants' activity does not constitute an invasion of privacy is
indicated by the fact that the Ohio legislature has enacted R.C. 4503.26
permitting the sale of names and addresses of registrants of motor vehicles.
... While judicial creation is appropriate in most states, especially those
that have judicially recognized the invasion of privacy torts, Appendix A
presents a sample statute that could be enacted to statutorily create an
information privacy tort.
- J.M. Blank, ‘"Safe Harbor" And The European Union's Directive On
Data Protection' (2000) 11 Alb. L.J.
Sci. __ Tech. 57
Location: Online, Lexis-Nexis
Consumers should be given
notice of an entity's information practices before any personal information is
collected from them. While the scope and content of notice will depend on the
entity's substantive information practices, notice of some or all of the
following have been recognized as essential to ensuring that consumers are
properly informed before divulging personal information: ... The surveys
included a set of content analysis questions which more closely scrutinized how
well the privacy disclosure implemented each of the four main principles of
fair information practices: Notice, Choice, Access, and Security. ... The 2000
Report discussed in detail the content analysis questions pertaining to each of
the fair information practice principles, Notice, Choice, Access and Security.
- J. McDonnell, "Exporting Trust: Does E-Commerce
Need a Canadian Privacy Seal of Approval?" (2001) 39 Alberta L. Rev. 346
Location: Online, Lexis-Nexis
It
has been suggested that Canada
should develop a consumer protection seal, or trustmark, for placement on web
sites as an assurance that privacy is not at risk in the on-line environment.
This article explores whether a Canadian trustmark would be redundant in light
of the
Personal Information Protection and Electronic Documents Act.
Consumers
are sceptical about surrendering personal information online when it can so
easily be collected, used, and disclosed for purposes beyond their control.
Data protection laws have been around since the early 1970s, but the Internet's
mass acceptance has added new urgency to their development and spread.
The author contrasts the protection
offered by the Act with the
policies of three high-profile trustmark programs to better understand where
the legislative and self-regulatory approaches merge and diverge. He makes a
proposal for a Canadian trustmark that uses the federal law as a starting
point, but, at the same time, embraces more consumer-oriented and
Internet-aware policies. Bringing this program to the international stage would
be a priority because there is little point in restricting such an effort to one
country.
- S. Karas, "Privacy, Identity, Databases" (2002) 52 Am. U.L. Rev. 393
Location: Online, Lexis-Nexis
The past several decades
have been characterized by a growing concern over consumer privacy. It develops
a legal definition of privacy that encompasses both the cultural meaning of
consumer data collection and the established principles of privacy law. Since
these choices are an expression of personal identity, we can effectively employ
the principles of privacy law to control the collection and sale of consumer
information. While most legal scholars rely on models of informational privacy
that poorly fit the context of consumer information collection, this Article
proposes a new model for protecting consumer information, incorporating both
the cultural meaning of data collection and the basic principles of privacy
law. Once we accept that consumption is an expressive activity, building a
theoretical framework for protection of consumer privacy becomes a more
intellectually coherent enterprise. Would Warren or Brandeis have gotten so
exercised over the right to protect one's preferences in breakfast cereal?
Because of this deficiency, a new rationale for protecting consumer data must
be developed to address the public's concern that data collection represents a
serious privacy invasion. "By focusing on the property characteristics of
personal information, privacy scholars may construct sophisticated economic
models but miss this gut reaction to data collection."
- W.T. Devries, "Protecting Privacy in the Digital
Age" (2003) 18 Berkeley Tech. L.J. 283
Location: Online, Lexis-Nexis
"You have zero privacy
anyway ... Get over it." With this proclamation, Scott McNealy, founder of
Sun Microsystems, anchored the radical edge of the privacy debate for the
digital world. He viewed it as a foregone conclusion that, in the information
age, any "secret" thing committed to digital form was subject to
instant and inevitable distribution. But while digital technology has
drastically changed the privacy landscape, reports of the death of privacy have
been greatly exaggerated.
- I. Goldberg, A. Hill, and A. Shostack, "Trust,
Ethics and Privacy" (2001) 81 B.U.L.
Rev. 407
Location: Online, Lexis-Nexis
... As more and more
people and businesses communicate and transact on the Internet, concern has
grown over what "going online" means to privacy. ... An entirely
different sense of the word is captured in Amazon.com's privacy policy:
"Amazon.com knows that you care how information about you is used and
shared, and we appreciate your trust that we will do so carefully and sensibly.
... In addition, consumers tend to visit a large number of web sites, each with
a unique privacy policy. ... Nearly every site now has a privacy policy, and
most start with the words "Your privacy is important to us. ... These
practices are sometimes enacted into laws, and the content of what constitutes
fair information practices continues to evolve. ... There is no notification or
privacy policy posted on EZPass's homepage. ... Amazon.com was one of the first
e-tailers to consider issues of privacy in a prominent way. They issued a
privacy policy with quite a few promises in it. It is unclear whether this
elaborate privacy policy helped their phenomenal rise. More recently,
Amazon.com issued a new privacy policy that removed some of those protections.
... This situation is analogous to the situation that exists on the Internet.
- L.E. Ribstein, "Law
v. Trust" (2001) 81 B.U.L. Rev. 553
Location: Online, Lexis-Nexis
Trust is a kind of social
glue that allows people to interact at low transaction costs. ... As discussed
below in Part II, law is irrelevant to the socially valuable, or strong form,
trust. ... II. Law and Strong Form Trust ... In this model, regulation might
"seed" relationships that ultimately develop into strong form trust.
... Semi-strong form trust is particularly important in firms. ... David Kreps'
theory of corporate culture is an example of semi-strong form trust in firms.
... The court held that Salmon breached his fiduciary duty to Meinhard,
describing this duty in memorably strong and colourful language. ... Reputation
and Other Semi-Strong Form Trust ... Regulation cannot create strong form trust
on the Internet anymore than in other areas. ... Legal regulation also interferes
with the role of private organizations in internalizing some of the costs of
creating social capital that underlies strong form trust on the Internet. ...
Strong form trust provided by altruism, norms, personal relationship, and
social capital, and semi-strong trust that permits reliance on private
ordering, may be useful policy goals because these forms of trust decrease
friction and thereby increase social wealth. ...
- H. Nissenbaum, "Securing trust online: Wisdom or
Oxymoron?" (2001) 81 B.U.L. Rev. 635
Location: Online, Lexis-Nexis
This essay is about trust
in the online world. ... Rather, it is an attempt to show that the way we
stipulate the conditions of the online world may be decisive for whether or not
trust is achieved. ... The value of trust for a robust online world is obvious.
Trust is a key to the promise the online world holds for great and diverse
benefits to humanity - its potential to enhance community, enliven politics,
hasten scientific discovery, energize commerce, and more. ... Trust would
invigorate the online world; suspicion and insecurity would sap its vibrancy
and vitality. ... Following others, I use the term "confidence" to
refer to trust in systems, recognizing that trust in the online world begins
with confidence in systems, but does not end there. ... Returning to the online
world, we would expect that trust here holds a key to similar good ends:
improving the quality of personal experiences, relationships, and communal and
civic life, and stabilizing governance. We can expect that more people and
institutions will "buy in" to the online world, will engage with
others online, if there is sufficient trust.
- S. Byers, "The Internet: Privacy Lost,
Identities Stolen" (2001) 40
Brandeis L.J. 141
Location: Online, Lexis-Nexis
Personal information
changes hands constantly. ... In this section, current law will be reviewed and
analyzed to determine whether it is sufficient to deal with identity theft in
the Internet era. ... The Electronic Communications Privacy Act of 1986
("ECPA") prohibits the unauthorized interception of, disclosure of,
or access to "electronic communications stored in a facility involved in
electronic communications services and for knowingly divulging the content of
such communications while in storage. ... "And, it does not address the
problems associated with the availability of personal information on the
Internet. ... Again, such legislation does not sufficiently deal with the
problem of the easy availability of personal information on the Internet. ...
"The European Union and Canada have taken different
approaches which may prove to be effective in protecting personal information
on the Internet. ... The Data Privacy Directive is very comprehensive with very
strict requirements, which disable information gatherers, like information
brokers on the Internet, from gathering and disclosing personal information
freely. ... However, as these principles are widely implemented by
organizations, personal information will not be so easily accessible on the Internet
and information brokers will not find their job so easy, thus, leading to a
decline in identity theft.
- K. Basho, "The Licensing of Our Personal
Information: Is It a Solution to Internet Privacy?" (2000) 88 Calif. L. Rev. 1507
Location: Online, Lexis-Nexis
... The increase in the
private sector's collection and use of individuals' personal information raises
a new threat to privacy in the electronic marketplace. ... This type of
exploitation of individuals' personal information, 5
without their consent or knowledge, leaves many Internet users feeling as if
they have no privacy. ... A licensing system would allow an Internet user
(licensor) greater control over what an Internet business (licensee) does with
her personal information. ... However, this Part will argue that UCITA applies
to licenses of personal information and will show how it would facilitate a
licensing system. ... "From this conclusion, it seems easy to assume that
sending personal information over the Internet should be considered a "computer
information transaction" protected by the Act. ... Fourth, the licensing
system allows individuals to receive compensation for the use of their personal
information. ...
- M.J. Schlesinger and J.M. Silverman, "Insuring
Privacy: Is Your Company Covered?" (2001) 8 Conn. Ins. L.J. 269
Location: Online, Lexis-Nexis
Privacy is emerging as
one of the hottest cyber-tort liability issues of the new millennium. ...
Invasion of privacy has been covered under CGL policies for some time under the
personal and advertising injury coverage grants. ... In one recent insurance
case, however, the court found that simply "telling members of the local
community" private facts constituted "publication" for purposes
of triggering CGL privacy coverage. ... But companies should be aware that
insurers may argue that actions that precede publication, such as the improper
"gathering" and use of information about a person, are insufficient
to constitute a covered CGL privacy claim. ... "Further, the definition of
"advertisement" has been modified to specifically include for
purposes of advertising injury coverage "material placed on the Internet
or on similar electronic means of communication." ... Also, importantly,
the "publication" of private information is not required for privacy
coverage under some new Internet forms. ... This situation also exists with
respect to another insurer's media liability policy. ... Policyholders,
accordingly, must be prepared to confront the insurer argument that any
violation of a privacy statement that results in a claim is
"intentional" and is, therefore, not covered, necessarily resulting
in a fact-intensive and potentially expensive coverage dispute
- J.B. Rule, "Toward Strong Privacy: Values, Markets, Mechanisms,
and Institutions" (2004) 54 UTORLJ 183
Location: Online, Westlaw-Carswell
What trend is more distinctive of our times than the dramatically
changing social role of information? What social force promises more
far-reaching consequences than continuing innovation in that role? Among information
processes, none are more important than those involving information on specific
people. For a vast array of vital social and economic activities, personal data
have become an indispensable 'raw material.' For countless
government and private organizations, crucial products, services, performances,
and responsibilities require finely calculated use of data on the person
concerned. Throughout the world's
prosperous societies, it has become increasingly rare to deal with any
governmental or private-sector organization without generating and relying upon
a database of personal information.
Location:
Online, Westlaw-Carswell
Although e-commerce is a relatively new phenomenon, it has quickly
entrenched itself in the contemporary commercial psyche. Its rapid expansion
has created new challenges for those seeking to ensure its continued vitality
while simultaneously protecting the interests of its users. The
transjurisdictional nature of e-commerce increases these challenges. For the most part, e-commerce regulation has looked
to traditional methods, such as legislation, international agreements, and
voluntary self-regulation (including web site privacy policies and third-party web
seals or trustmarks). These methods do not always pay sufficient attention to
the interactive nature of e-commerce transactions, and to the fact that the
central issue in e-commerce regulation is fostering user confidence in the
system. The fiduciary concept is
concerned with maintaining the integrity of certain important relationships in
contemporary society. By focusing on the often neglected but essential human
interaction component of e-commerce, the fiduciary concept could provide a
valuable means of coming to grips with the problem of user confidence. This
paper does not seek to demonstrate how the fiduciary concept is to be applied
to any particular form of e-commercial interaction, but only to establish a
conceptual basis for the application of fiduciary principles to e-commerce by
fleshing out these threshold issues, leaving the task of precise application
for another day.
Location:
Online, Westlaw-Carswell
This article examines the challenges that new information
technologies pose for economic, civil and political rights. It begins with a
scenario of a day in the life of our surveillance society. Next, the article
surveys the security and technology challenges surrounding the use of smart
cards, biometric encryption, closed circuit television cameras, electronic
monitoring, genetic testing, information warfare, netwar and computer crime,
global surveillance and cryptography. The article argues that while regulation
is vitally necessary, it is insufficient for coping with the ethical challenges
of the information age. The false opposition between human rights and community
must be overcome. Finally, the article proposes a new type of humanity,
grounded in an ethic of mutuality, trust and transparency, as the solution.
Location: Online, Westlaw-Carswell
The analysis of Internet legal and policy issues is aided by an
understanding of the Internet's unique, layered architecture. This article
proposes a conceptual model of the Internet that reflects its layered
architecture. The model is offered to decision-makers, policy-makers, and legal
analysts, not only as a roadmap or guide to understanding the Internet, but
also as a tool for identifying Internet legal issues with the appropriate
degree of granularity. Precise identification enables state and legal actors to
assess the impact of policy choices in a comprehensive manner by allowing them
to consider the implications of those policy choices for the Internet's various
elements.
Location: Online, Westlaw-Carswell
The recent federal statute governing collection and disclosure of
personal information in the private sector, the Personal Information Protection
and Electronic Document Act (PIPEDA), was met with a welcome embrace by privacy
advocates. However, the author argues that PIPEDA established a weak framework
in terms of oversight and enforcement, largely due to the vague, open-ended
nature of the federal government's initial policy objectives, the failure to
ask penetrating questions at critical steps in the policy process and the lack
of empirical and comparative analysis on key issues. A number of factors, such
as the government's motivation to maintain a commercially driven and
"light handed" approach to this legislation, may inhibit PIPEDA from
fostering privacy protection to the standards set out by the international
community. The complaint-driven approach to privacy protection will likely
result in a narrow and reactive approach to privacy, characterized by a slow
and costly complaint process that invites delay from parties who are reluctant
to comply with the legislation. In its place, the author proposes an
alternative model that would include an expert privacy tribunal with binding
adjudicatory powers and substantive rulemaking authority. The author suggests
that the extensive privacy foundation established by voluntary code building
and the consensus-driven Canada Standards Association Model Code will mitigate
the serious weaknesses in the federal legislation.
ÂÂÂÂÂÂÂÂÂÂÂÂ_________________________
Feel free to direct
questions and comments on the above annotated bibliography to Patrick Okecho,
LLM [pokecho@utoronto.ca]
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