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Privacy – California Dreamin’? A Brief Look at the Privacy Landscape in California Privacy & Security Privacy and security are two sides of the same coin. Everybody wants them, knows they’re needed – and in some cases, legally required.

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Privacy california dreamin l.jpg

Privacy – California Dreamin’?

A Brief Look at the Privacy Landscape in California


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Privacy & Security

  • Privacy and security are two sides of the same coin.

  • Everybody wants them, knows they’re needed – and in some cases, legally required.

  • Not everybody focuses on sorting out what they mean, and the implications for identifying them as key values.

Spoke Software, Inc.

Confidential


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Privacy

  • Brandeis & Warren, “Right to be let alone,” but more modern phrasing is control of personal data

  • Usual context is personal data that could be easily misused

    • Financial data

    • Medical data

    • Internet surfing history

  • General expectation that surveillance and sale/trading of data will be limited

Spoke Software, Inc.

Confidential


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Security

  • Security is focused on protection against unauthorized access to data

  • Used most commonly in the context of protection against hacking, etc.

  • Critical consideration for businesses with sensitive (or perceived-as-sensitive) data.

Spoke Software, Inc.

Confidential


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Common Ground

  • Privacy and security are about protection of data flows – a critical issue for our interconnected global economy

  • Privacy expectations limit the willful exchange of data (e.g., banks should not sell information on medical transactions to health insurers)

  • Security expectations limit porousness of data transfer (e.g., transfer of sensitive data to off-site archival storage should not be done unencrypted on the open Internet, employee data should not be in an unprotected computer)

Spoke Software, Inc.

Confidential


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California Legislative Actions

  • Cover both privacy and security:

    • Various anti-identity theft measures

    • SB1386/AB700 (2002) on Security Breaches

    • AB68 (2003) on Privacy Policies

    • SB1 (2003) on Financial Privacy

    • SB186 (2003) on Spam

      • Preempted (partially) by CAN-SPAM

  • New areas

    • Gmail

    • Automotive “black boxes”

Spoke Software, Inc.

Confidential


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Continued Focus on Online Data

  • Driven by fear of the new, and of descent into surveillance society

  • Technologies not well-understood

  • Raw political reasons as well – tech industry is insufficiently politically organized

    • Powerful financial industry resistance to legislation that would affect its data sharing practices

    • Tech industry is getting better organized…

Spoke Software, Inc.

Confidential


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