Privacy law is blind to how information is collected. It basically doesn’t matter how Personal Information comes to be in the possession of an organisation; even if Personal Information is generated internally from audit logs, traditional evaluative processes or the newer Big Data wizardry, once you have it, you are deemed to have collected it according to privacy law and as such, you are accountable for it. Moreover, even if Personal Information is collected from the public domain, it may still be subject to privacy law.In that respect, I like to point out the little known crime on many statute books of “Theft By Finding”. In some jurisdictions, if you lose something valuable, you do not lose ownership. In Australia for instance, if I accidentally drop a thousand dollars and someone picks it up, then it is still my money. There have been prosecutions of people who find valuables and fail to hand them in to police. Likewise, from a legal point of view, if my valuable Personal Information is accessible “in public” it does not automatically follow that anyone else is free to pick it up and use it without my permission.Technologists may find many laws counter-intuitive, but you know what they say about ignorance of the law being no excuse.[Update Feb 2013: A couple of more recent cases have highlighted also the difference between anonymity/secrecy and privacy. In many places and especially Europe, privacy is is much less about keeping all information secret than constraining how Personal Information is used and granting people some control over it. Therefore when anonymity is occasionally lost, individuals still have rights and legal recourse should their information be abused. The best example is that European regulators found Facebook’s facial recognition processes to breach the Collection Limitation principle and had Facebook shut it down. The lesson is: big data processes or biometrics may give technologists fabulous powers to re-identify anonymous or ‘public’ data but those powers cannot be used willy-nilly. Another potential test case is that of the ‘DNA hacking’ reported in early 2013 where bioinformaticians cleverly used genealogical data from public websites to re-identify anonymous DNA donors. And then we have Google Glass which will inevitably generate boundless identification of people and objects captured on video in your daily walk through life. “Boundless” that is if Google disregards the Collection principle. See also my recent post “The beginning of privacy”. ]
Southern Poverty Law Center
The Aboriginal Press News Service (APNS) is the international, non-partisan, not-for-profit, grassroots newswire of the Aboriginal News Group (ANG).
The Aboriginal News Group (ANG) seeks to support, educate and unify Indigenous bloggers & Indigenist Activists covering news information important to Original Peoples, First Nations communities and other ethnic-minorities subjected to discrimination, marginalisation, neoliberal exploitation racialism and genocide.
- ‘What the heck were you thinking?’: Golf columnist slams Trump for driving cart on putting green ow.ly/UJ9g50cp4wX 5 hours ago
- nightslantern.ca: #Roma / #Greece / #Athens - Greece: on June 21rst thirty Roma communities with five Greek NGO... ow.ly/s6wV50cp2Ff 6 hours ago
- vicecanada:Your All-Natural Chicken Might Contain Ketamine - vicecanada: Your All-Natural Chicken Might Contain... ow.ly/IFCT50cp2K9 6 hours ago
- The word “women” literally never appears in the US Senate’s 142-page health-care bill ow.ly/U9rW50co7Om 1 day ago
- StandUp2017! Programme#RollbackTheIntervention ow.ly/AOra30cRWWQ #Aboriginal #Indigenous #NDN #FirstNations https://t.co/Hm7EkIC206 1 day ago
Inteligenta Indigena Novajoservo™ (IIN) is produced by the Aboriginal Press News Service™ (APNS), and is an Internet publication of the Aboriginal News Group™ (ANG). All editorial text, posted news items and related post images employed within this newswire are published under a CC: Attribution-Noncommercial 3.0 license unless otherwise stated. Meaning, any fair dealing for the purposes of private study, research, criticism or the much needed elucidation of the Fourth World masses without monetary gain is duly permitted and encouraged provided credit is given where credit is due to all parties concerned. It is believed that this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. Accordingly, said material is distributed here without profit to those who have expressed a prior interest in receiving such information for research and/or educational purposes. This autonomous publication assumes no liability for the content and/or hyperlinked materials of any other website. Nor do we accept paid advertising, swag, or monetary donations. APNS-ANG and its affiliate orgs do not advocate, encourage or condone any type/form of illegal behaviour. All news material posted is provided for informational purposes only.
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.