Transcript Privacy, Open Records, and Location Enabled Everything

Privacy, Open Records, and
Location Enabled Everything
Rick Miller
Douglas County, KS
MAGIC SYMPOSIUM 2006
Privacy. Does it Exist?
Sort Of…
• Government Data: Yes.
Privacy Act, HIPAA, Title 13, FOIA, Open
Records Laws + Exceptions
• Commercial Data: No.
Credit Reports, Discount Cards,
Credit/Debit Purchases + Transactions,
Vehicle Navigation, Video Monitoring +
Security, Employment
• Data Aggregators/Brokers: No.
Acxion, Choice Point, Lexus/Nexus.
Government Records
• Privacy Act
• HIPAA
• FOIA and Open Records Laws
• Census Bureau: Title 13 Protections.
No individually identifiable data
Government Records
The Flip Side
• Help America Vote Act (HAVA)
– Address Geo-coding
• Streamlined Sales Tax
– Destination-based Sourcing/Address
Geo-coding
• Phase II E-911
– X/Y Location-based dispatch
• Intelligent Transportation Systems
– KC Scout, E-Z Pass, Red-Light Cameras
Intelligent Transportation
Systems
Commercial Data
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Credit Reports
Discount Cards
Credit/Debit Purchases and Transactions
Vehicle Navigation
Registrations and Memberships
• Primarily marketing and consumer preferences
• Significant value in re-selling to data brokers
• Product Targeting, Market Segmentation, Market
Analysis, Location Analysis
Data Aggregators/Brokers
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Choice Point, Acxion, Lexus/Nexus and Others
Public databases are excellent sources for private
sector data aggregators: drivers license records,
vital statistics, voter registration, property tax
assessment, etc.
Issue: Merging of public and private data holdings
Data Mining, Profiling, No-Fly Lists, etc.
Issue:
– In Europe, personal information belongs to the
subject. The subject “controls” access rights.
– In the US, personal information belongs to
anyone who possesses it. It is not yours!!!
Source: Public Data, Public Access, and U.S. Law and Policy, URISA Workshop
Converging Technologies
• RFID (Radio-Frequency
ID)
• Global Positions Systems
(GPS)
• Wi-Fi (802.11)
• Location-enabled Cell
Phones
• Augmented GPS (AGPS)
• IP Identification
Location Enabled Everything
Cows, Commodities, Cars,
Products, People, Passports,
Groups, Games, and Gadgets
Emerging Location Debates
Geo-location/Identification
IP location tracking
Market Segmentation
Taxation
Activity Monitoring
IP Blocking
RFID Tagging and Tracking
Privacy. Identity Theft. Security.
Location-Based Services
•Privacy: Opt-In/Opt-Out
Copyright
• The legal right granted to an author, composer,
playwright, publisher, or distributor to
exclusive publication, production, sale, or
distribution of a literary, musical, dramatic, or
artistic work.
• NOTE: Copyrights are governed by the
Copyright Act of 1976 contained in title 17 of
the U.S. Code. The Act protects published or
unpublished creative works that are fixed in a
tangible medium of expression from which they
can be perceived.
Source: Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.
Closing Thoughts
• Public Policy Discussion: necessary at all levels of
government
• Policy Review: State and local governments (many
state open records laws in need of modernization)
• Promulgate Best Practices/Model Law (s)
• Consider fundamental changes: provide
individuals “control” of access (European Model)
Closing Thoughts
• Copyright Protection
• Personal activity as a creative act.
• Provide for individual copyright protection through
alternative copyright mechanisms.
• Creative Commons: www.creativecommons.org
Thank You
“This is Dillingham, Alaska, folks. I don’t think we have to worry about Osama
bin Laden.”
Freeman Roberts, mayor of the remote southwest Alaska town of 2,400 and an
opponent of the police department's mounting of 80 video surveillance cameras
that are being purchased with a $202,000 federal homeland security grant
Source: Los Angeles Times