eGovernment & Personal Privacy Emerson O. St. G. Bryan Information Management Specialist 2008 March 24

Assignment Question Critically discuss the view that the government needs to track and store a citizen’s personal information in order to provide ‘a safe and secure society’ versus a citizen’s right to protect his/ her personal information.

Critically discuss the view that the government needs to track and store a citizen’s personal information in order to provide ‘a safe and secure society’ versus a citizen’s right to protect his/ her personal information.

Session Outline: First Things, First… Political, social and technological dimensions Orwellian State? Legislative Matters 08/06/09

First Things, First…

Political, social and technological dimensions

Orwellian State?

Legislative Matters

First Things, First…

First things, first… What is Personal Information? "Personal information" is information about a natural person that is readily identifiable to that individual, such as an individual's name, address and telephone number. Thomas Riley, 2007

What is Personal Information?

"Personal information" is information about a natural person that is readily identifiable to that individual, such as an individual's name, address and telephone number.

Thomas Riley, 2007

Political, social and technological dimensions

Political, social and technological dimensions (1) Advantages Ability to introduce legislations, programmes, and technology if there is ‘buy in’ by the head of the political directorate. Centralized authority with responsibility for e-monitoring Disadvantages Usually one-way flow of information (national security)

Advantages

Ability to introduce legislations, programmes, and technology if there is ‘buy in’ by the head of the political directorate.

Centralized authority with responsibility for e-monitoring

Disadvantages

Usually one-way flow of information (national security)

Political, social and technological dimensions (2) Monitoring and compliance campaigns through state surveillance (political promises): Border control systems, e.g., Barbados’ GAIA (Common User Terminal Equipment - CUTE) Machine readable passports Mobile police scanners for crime fighting e.g. RBPF, JCF GPS (Tracking government transportation in Jamaica) Magnetic card readers (Jamaican Urban Transit Corporation) TTPF Blimps to monitor criminal activities (Trinidad)

Monitoring and compliance campaigns through state surveillance (political promises):

Border control systems, e.g., Barbados’ GAIA (Common User Terminal Equipment - CUTE)

Machine readable passports

Mobile police scanners for crime fighting e.g. RBPF, JCF

GPS (Tracking government transportation in Jamaica)

Magnetic card readers (Jamaican Urban Transit Corporation)

TTPF Blimps to monitor criminal activities (Trinidad)

Political, social and technological dimensions (3) Advantages People are eager to use the technology When marketed properly there is huge buy-in. Disadvantages Privacy and Access issues (content not being properly managed/poor communications etc.)

Advantages

People are eager to use the technology

When marketed properly there is huge buy-in.

Disadvantages

Privacy and Access issues (content not being properly managed/poor communications etc.)

Political, social and technological dimensions (4) Technology: ECHELON is a name used in global media and in popular culture to describe a signals intelligence collection and analysis network operated on behalf of the five signatory states to the UKUSA agreement ; Australia, Canada, New Zealand, the United Kingdom and the United States, known as AUSCANZUKUS CARNIVORE is a system that was used by the FBI to trace the online activates of a suspect.

Technology:

ECHELON is a name used in global media and in popular culture to describe a signals intelligence collection and analysis network operated on behalf of the five signatory states to the UKUSA agreement ; Australia, Canada, New Zealand, the United Kingdom and the United States, known as AUSCANZUKUS

CARNIVORE is a system that was used by the FBI to trace the online activates of a suspect.

Orwellian States?

Orwellian State? The world has changed since 9/11 When I speak of an Orwellian State I mean a “Police State” where the government regulates every single action of the citizenry. See: “Enemy of the State”, “Equilibrium”, “Time Cop”, “Matrix Trilogy” etc. where the State plays an important role in the lives of everyday people to ensure a “secure society”

The world has changed since 9/11

When I speak of an Orwellian State I mean a “Police State” where the government regulates every single action of the citizenry.

See: “Enemy of the State”, “Equilibrium”, “Time Cop”, “Matrix Trilogy” etc. where the State plays an important role in the lives of everyday people to ensure a “secure society”

Orwellian State? According to Edwards (2005) Data collected often combined with other databases to form more complete profiles of consumers/citizens. Often involves linking of data gathered ON-line with OFF-line. New data can be extracted from large databases. Eg. Tesco’s Crucible database ( Guardian, Sept 05) Eg Doubleclick/Abacus scandal, 1999 Eg “joined up government” projects often link government t dbs eg to promote child safety, to enable terrorist detection (see failed US Total Information Awareness project), to detect illegal immigrant use of services(UK ID cards database?)

According to Edwards (2005)

Data collected often combined with other databases to form more complete profiles of consumers/citizens.

Often involves linking of data gathered ON-line with OFF-line. New data can be extracted from large databases.

Eg. Tesco’s Crucible database ( Guardian, Sept 05)

Eg Doubleclick/Abacus scandal, 1999

Eg “joined up government” projects often link government t dbs eg to promote child safety, to enable terrorist detection (see failed US Total Information Awareness project), to detect illegal immigrant use of services(UK ID cards database?)

Legislative Matters

Legislative Matters States argue that they must have the right to invade personal privacy for the following reasons: Monitoring narcotic and other nefarious activities; Due diligence for financial activities; Pedophilia and other sex crimes; Terrorism and national security Espionage

States argue that they must have the right to invade personal privacy for the following reasons:

Monitoring narcotic and other nefarious activities;

Due diligence for financial activities;

Pedophilia and other sex crimes;

Terrorism and national security

Espionage

Some notable laws… The US Patriot Act ; Monitoring of information used within libraries, emails, IMs exchange, personal documents etc. Personal Information within databases; Content being exchanged over networks etc; New data storage and processing devices, etc. biometrics in passports, driver’s licenses, etc. Anti-Terrorism Acts (Jamaica, Bahamas, Trinidad & Tobago and most other CARICOM states); Freedom of Information Acts (Antigua & Barbuda, Belize, Jamaica, Trinidad & Tobago, and St. Vincent & the Grenadines); Data Protection & Privacy Acts – These are usually not present in Caribbean jurisdictions, and instead enjoy coverage under FOI (exempted areas0

The US Patriot Act ;

Monitoring of information used within libraries, emails, IMs exchange, personal documents etc.

Personal Information within databases;

Content being exchanged over networks etc;

New data storage and processing devices, etc. biometrics in passports, driver’s licenses, etc.

Anti-Terrorism Acts (Jamaica, Bahamas, Trinidad & Tobago and most other CARICOM states);

Freedom of Information Acts (Antigua & Barbuda, Belize, Jamaica, Trinidad & Tobago, and St. Vincent & the Grenadines);

Data Protection & Privacy Acts – These are usually not present in Caribbean jurisdictions, and instead enjoy coverage under FOI (exempted areas0

Some final thoughts… It is good that governments, agencies, and departments are working together with common data/information sets; E-Commerce can flourish if secured and managed properly; Greater sharing of information for crime fighting needed (ICC CWC 07, InterPol, Border control). We share personal information already (social networks: hi5, facebook, myspace etc.)

It is good that governments, agencies, and departments are working together with common data/information sets;

E-Commerce can flourish if secured and managed properly;

Greater sharing of information for crime fighting needed (ICC CWC 07, InterPol, Border control).

We share personal information already (social networks: hi5, facebook, myspace etc.)

Any Questions?

Any Questions?

Works/ Sites Consulted: Anderson, Paige & Jim Dempsey, 2002, Privacy and E-Government: Privacy Impact Assessments and Privacy Commissioners –Two Mechanisms for Protecting Privacy to Promote Citizen Trust Online . 11 March 2008.<http://www.privacyinternational.org/survey/phr2002/> Branscomb, Wells A. 1994, Who Owns Information? From Privacy to Public Access, Basic Books, New York Commonwealth Centre for E-Governance <http://www.electronicgov.net/pubs/workshop_reports/security-privacy03.shtml> Dempsey, James et al, 2003, Privacy & E-Government < http://www.internetpolicy.net/privacy/20030523cdt.pdf> Edwards, Lillian, 2004, Taking the “Personal” Out of Personal Data: Durant v FSA and its Impact on the Legal Regulation of CCTV” (2004) 1:2 SCRIPT-ed. Escalante, Richard, 2005, E-government and Information Privacy in Caribbean Developing Societies , World Forum Proceedings of the International Research Foundation for Development, WSIS Summit. 22 March 2008 <http://www.irfd.org/events/wf2005/abstracts_t8.htm> Koster, Erica, Zero Privacy: Personal Data on the Internet , The Computer Lawyer, May 1999. 23 March 2008 <http://www.oppenheimer.com/news/content/zeroprivacy.htm> Orwell, George, 1949 , 1984, Secker & Warburg, London Riley, Thomas, 2005, E-Privacy, Anonymity and Public Spaces: What is this all about? 24 March 2008 <http://www.rileyis.com/publications/research_papers/PrivAnonNymity05.html>

Anderson, Paige & Jim Dempsey, 2002, Privacy and E-Government: Privacy Impact Assessments and Privacy Commissioners –Two Mechanisms for Protecting Privacy to Promote Citizen Trust Online . 11 March 2008.<http://www.privacyinternational.org/survey/phr2002/>

Branscomb, Wells A. 1994, Who Owns Information? From Privacy to Public Access, Basic Books, New York

Commonwealth Centre for E-Governance <http://www.electronicgov.net/pubs/workshop_reports/security-privacy03.shtml>

Dempsey, James et al, 2003, Privacy & E-Government < http://www.internetpolicy.net/privacy/20030523cdt.pdf>

Edwards, Lillian, 2004, Taking the “Personal” Out of Personal Data: Durant v FSA and its Impact on the Legal Regulation of CCTV” (2004) 1:2 SCRIPT-ed.

Escalante, Richard, 2005, E-government and Information Privacy in Caribbean Developing Societies , World Forum Proceedings of the International Research Foundation for Development, WSIS Summit. 22 March 2008 <http://www.irfd.org/events/wf2005/abstracts_t8.htm>

Koster, Erica, Zero Privacy: Personal Data on the Internet , The Computer Lawyer, May 1999. 23 March 2008 <http://www.oppenheimer.com/news/content/zeroprivacy.htm>

Orwell, George, 1949 , 1984, Secker & Warburg, London

Riley, Thomas, 2005, E-Privacy, Anonymity and Public Spaces: What is this all about? 24 March 2008 <http://www.rileyis.com/publications/research_papers/PrivAnonNymity05.html>