Privacy Risk

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Revision as of 18:02, 6 December 2018 by Tom (talk | contribs) (Legal Risk)

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Full Title or Meme

The growing concern about the risk of exposure of User Private Information has been labeled as a Privacy Risk that has been legislated into a legal and reputation risk for Enterprises that collect and store that information.

Context

User Risk

The meaning of the term Privacy has been growing as the Information Age has expanded into every aspect of our human experience. While it started with the Warren and Brandeis article as the "right to the let alone" [1] it has expanded into a wide range of User Rights. While users have shown increasing anxiety about their privacy, they continue to show very little apetitie for changing their behavior to protect their Privacy. As a result governments around the

Enterprise Risk

While in an earlier age it was possible to appeal to an Enterprise's good will, in an age of "maximizing shareholder value" the only way to coerce socially beneficial behaviors is by demonstrating risks to their continued profitability or existence. The are two broad categories of Enterprise Risk: Legal risk and Conduct Risk.

Legal Risk

  • Compliance with legislation mandates always entail additional expenses for a hosting provider, both operational and fines for non-compliance.
  • The risk of tort costs will also expand with additional legislation mandates, both for lawyers fees and judgements.

Conduct Risk

Since executive compensation is often predicated on shareholder value, any risk must be measured strictly in that metric to become an important consideration for executive action by the bulk of public companies. A similar calculus will apply to public enterprises because of pressures from the population at large and thanks to the investigations of a free press where it still exists. In both cases Conduct Risk is a growing discipline that Enterprises

Problems

  • Compliance by the Web Site with the agreed terms will be hard to track.

Solutions

  • It would probably improve the conversation to change the discussion from Privacy to User Rights, but habits and meanings of words are had to change, so it may be necessary to continue to talk about Privacy even though it would be more informative to talk about User Rights.

Intent Casting

Name TBD Privacy Risk Notes
Site and App Use information will be used for providing and / or enhancing the site or service only. This information seems better a part of the following fields.
1st party yes 2 data on the user device that does not leave the user device, for example apps that access the local data. This cast is to access limited (in theory) to the device itself.
2nd party yes 3 The Web Site that the user navigated to and understand through some secure indication of the site identity.
3rd party yes 9 Some other site that is able to access the User Device or User Information which was not the user's intent to access.
tracking not clear that this can give more information that 1,2,3 above.
session yes 5 data may not persist beyond completion (may be long for commercial transaction)
duration yes shorter better how long can the data be held (default one year)
data category yes na list of permitted categories (optional)

References

  1. Warren and Brandeis The Right to Privacy (1890-12-15) Harvard Law Review http://groups.csail.mit.edu/mac/classes/6.805/articles/privacy/Privacy_brand_warr2.html