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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

Privacy – California Dreamin’?

A Brief Look at the Privacy Landscape in California

privacy security
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

privacy
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

security
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

common ground
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

california legislative actions
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

continued focus on online data
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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