Annotated Research Bibliography |
Wednesday, 01 December 2004 | |
Implementing PIPEDA: A Review of Internet Privacy Statements and Online Practices ___________
Annotated Research Bibliography
Books:
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.
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.
Location: Bora Laskin KE1240 .M25 2001
Location: Information Studies Inforum 346.40482 O62L3 1999.
Location: Information Studies Inforum 342.710858 C212P (stacks)
Discussion papers including an extensive bibliography.
Location: Bora Laskin KF1263 .C6 C65 (Stacks)
Location: Bora Laskin KE1242 .C6 L65 (stacks)
Location: Bora Laskin KF1262 .A75 A76 (stacks)
Location: Bora Laskin, KF1263 .C65 C76 (stacks)
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.
Location: Bora Laskin KF5753 .A75 H42 1994 LAW
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.
Location: Bora Laskin KF5753 .O59 1995 LAWT
Location: Bora Laskin KF2765 .P47 1996 LAW (stacks)
Location: Bora Laskin KF1030 .R3 F57 1991 (stacks)
Location: Bora Laskin KF390.5 .C6 L35 2003 (stacks)
Location: Bora Laskin KF1262 .Z9 P75 2001 (stacks)
Location: Bora Laskin KF1262 .A855 (stacks)
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.
Location: Bora Laskin KE5325 .M32 LAWC (short term loan)
Location: Information Studies Inforum 342.0858 M183H (stacks)
Location: Bora Laskin KF5753 .H36 1992 LAW (stacks)
Location: Bora Laskin K3263 .W33 (stacks)
Location: Bora Laskin KF5753 .F73 (stacks)
Location: Bora Laskin KE4422 .A31 G8 2000 (stacks)
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.
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.
Location: Bora Laskin JC596 .B46 2003
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.
Location: Bora Laskin KF1262 .S33 2003
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.
Location: Bora Laskin KU942.7 .C65 C53 2002
Location: UofT Scarborough, QA76.9 .A25 E38 2001 SCAR (stacks)
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.
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.
Location: Data, Map __ Government Information Services, ZZ...ED....-2003P65
Location: Bora Laskin KD3756 .C367 2002 (stacks)
Location: Bora Laskin HF5415.1265 .G73 2003 (stacks)
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 .
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.
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.
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?
Location: Bora Laskin K3263 .I58 2001 (stacks)
Location: Trinity College Library KE5325 .A32 A2 2000 TRIN (stacks)
An official guide to PIPEDA
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.
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.
Location: Data, Map and Government Information Services, ZZ...EM.260-1999O54 (government publications)
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.
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
Location: Online, Lexis-Nexis
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.
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.
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.
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."
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.
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.
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. ...
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.
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.
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. ...
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
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 Location: Online, Westlaw-Carswell Location: Online, Westlaw-Carswell ÂÂÂÂÂÂÂÂÂÂÂÂ_________________________ Feel free to direct questions and comments on the above annotated bibliography to Patrick Okecho, LLM [pokecho@utoronto.ca]
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