privacy: understanding the needs, policy, and approach owen greenspan director law and policy...

Privacy: Understanding the Needs, Policy, and Approach

Owen GreenspanDirector

Law and Policy Program

2004 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org2

A Couple of Observations


“Widespread reliance on computers to store and convey information generates, along with manifold benefits, new possibilities of error, due to both computer malfunctions and operator mistakes… Computerization greatly amplifies an error’s effect, and correspondingly intensifies the need for prompt correction; for inaccurate data can infect not only one agency, but the many agencies that share access to the database.”

Justice Ginsburg, U.S. Supreme Court, noted in

Arizona v. Evans that….


The bulk of the criminal justice information maintained in the U.S. is maintained at the State and local level;

Therefore most, but not all, of the legislation on governing this information is found at the State level.


Fair

Information

Practices


1. Collection Limitation Principle. There should be limits to thecollection of personal data and any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject.

The Eight Fair Information Practices

(OECD Guidelines on the Protection of

Privacy)


2. Data Quality Principle.

Personal data should be relevant to the purposes for which they are to be used, and, to the extent necessary for those purposes, should be accurate, complete and kept up-to-date.



Privacy)


3. Purpose Specification Principle.

The purposes for which personal data are collected should be specified not later than at the time of data collection and the subsequent use limited to the fulfillment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose.



Privacy)


4. Use Limitation Principle.

Personal data should not be disclosed, made available or otherwise used for purposes other than those specified in accordance with Paragraph 9 except:

a) with the consent of the data subject; or

b) by the authority of law.



Privacy)


5. Security Safeguards Principle.

Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorized access, destruction, use, modification or disclosure of data.



Privacy)


6. Openness Principle.

There should be a general policy of openness about developments, practices and policies with respect to personal data. Means should be readily available of establishing the existence and nature of personal data, and the main purposes of their use, as well as the identity and usual residence of the data controller.



Privacy)


7. Individual Participation Principle.

An individual should have the right:

a)to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to him;

b)to have communicated to him, data relating to him within a reasonable time; at a charge, if any, that is not excessive; in a reasonable manner; and in a form that is readily intelligible to him;



Privacy)


7. Individual Participation Principle.

An individual should have the right:

c)to be given reasons if a request made under subparagraphs(a) and (b) is denied, and to be able to challenge such denial; and

d)to challenge data relating to him and, if the challenge is successful to have the data erased, rectified, completed or amended.



Privacy)


8. Accountability Principle.

A data controller should beaccountable for complying with measures which give effect to the principles stated above.



Privacy)


Failing to address privacy in the planning and design of a information sharing system risks project failure:

• Threatens public support for your agency

• Political support for what you are trying to accomplish

• Financial support• Operational ability

Owen’s 9th Privacy Principle


PRIVACY POLICY

DEVELOPMENT


Global Privacy and Information Quality Working Group (GPIQWG)


Global Privacy and Information

Quality Working Group (GPIQWG)


Step One: GOVERNANCE

Step Two: PLANNING

Step Three: PROCESS

Step Four: PRODUCT

Step Five: IMPLEMENTATION


Governance – Planning Stage

PROJECT CHAMPION

OR SPONSOR

RESOURCES

Empower withAuthority

TEAM FORMATIONTEAM FORMATIONAdvocate&

Defend

FINAL TEAMLEADER &MEMBERS

IDENTIFY TEAM LEADER

BUILD TEAM & STAKEHOLDERS


Privacy PolicyDevelopment Templates

(From Privacy, Civil Rights, and Civil Liberties, Policy

Templates for Justice Information Systems)

The privacy policy development templates

suggest language for drafting a policy or inter-

agency agreement.

In order to select the correct template or

combination of templates, the agency must first

identify the type of information sharing system

covered by the privacy policy.



What type of information sharing system will be

covered by the privacy policy?

□ Incident or event-based records management system

(RMS)

□ Case management system (CMS)

□ Integrated criminal justice information system

(IJIS or CJIS)

□ Criminal history record information system (CHRI)

□ Criminal intelligence gathering system (CIS)

□ Justice information sharing network



Which of the following best describes the

privacy effort involved?

□ LOCAL SYSTEMS

□ STATEWIDE SYSTEMS

□ STATEWIDE NETWORK INTEGRATING

LOCAL SYSTEMS

□ REGIONAL INFORMATION SHARING

SYSTEMS

□ AD HOC SYSTEMS


Process Stage

UNDERSTANDINGINFORMATIONEXCHANGES

• Collection• Dissemination & Access• Use• Maintenance & Retention


ANALYZING THELEGAL

REQUIREMENTS

• Focus• Sources of Legal

Authority• Principles –FIP• Perform Information

Analysis

Process Stage


Process Stage

IDENTIFYCRITICALISSUES &

POLICY GAPS

• Laws & Policies • Team Privacy Concerns• Build from Existing Laws

& Policies


Product Stage

VISION&

SCOPE

Team Members

OrganizationalStructure &

Policy Outline

REVISEDDRAFT

POLICYDRAFTSHARESHARE

Stakeholders

Constituents


PROJECTTEAM

Implementation Stage

FormalAdoption of

Privacy PolicyGOVERNING

BOARD

PUBLICATIONOUTREACH TRAINING

OngoingEvaluation &MonitoringLegislative

Efforts Revisions


Depending upon the need, the privacy policy will

consist of one or more of the following policy

three templates: TEMPLATE A –

Privacy and civil rights protections for inclusion in enabling

legislation or authorization for the justice information

system

This enabling authority would be included in the statute,

ordinance, resolution, executive order or other document

that authorizes or creates the entity overseeing the

information system.

Alan Carlson’s Privacy PolicyDevelopment Templates



TEMPLATE B –

A basic privacy and civil rights protection policy template

covering day-to-day operation of the justice information

system

This basic system operation would be included in a general

policy applicable to the system, or it would provide the

central provisions of a stand-alone policy covering

protection of privacy, civil rights and civil liberties.


TEMPLATE C –

Privacy and civil rights protections for an inter-agency

agreement between agencies participating in an

information sharing network or system.



ADDITIONAL

RESOURCES


ADDITIONAL RESOURCES

www.it.ojp.gov/topic.jsp?topic_id=55


Homeland SecurityPublications:

Privacy Threshold Analysis

Privacy Impact Assessments-Official Guidance (2006)

Privacy Impact Assessments for various industries


[email protected]

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