A Taxonomy of Privacy Law

1. A Taxonomy of Privacy Law • The following slides provide a taxonomy.

2. It is convenient to divide activities affecting informational privacy in to three categories: • Collection • Processing • Dissemination Activities affecting informational privacy Collection Processing Dissemination The ultimate point will be that privacy law, until very recently, focused primarily on dissemination.

3. These activities subdivide as follows: Activities affecting informational privacy Dissemination Collection Processing Monitoring Questioning Aggregation Secondary use Exclusion Improper Proper Activities relevant to targeted advertising and price discrimination In the case of information collection by private businesses, the law maps on to this schema in the way illustrated by the next slide. The traditional common law torts are in the blue boxes. The recent developments in the red boxes.

4. Activities affecting informational privacy Collection dissemination Processing Monitoring questioning Aggregation Secondary use Exclusion Proper Contract No-contract Possibly, public disclosure of private facts Common law Statutes CFAA Trespass ECPA Intrusion on seclusion New developments* HIPAA GLB Improper Public disclosure of private facts Misappropriation False light Unauthorized disclosure of sensitive information Breach of confidence Common law Statutes *with the exception of intrusion on seclusion CFAA ECPA Negligence HIPAA GLB