Abstract
Technological advancement coupled with internet accessibility has played a pivotal role in expansion and development of online world. The number of online users has increased tremendously following the introduction of e-commerce, e-banking and other online services. Privacy of private data is an impending issue especially with the high rate at which technology is changing. Firstly, the paper evaluates Intelius.com, Acxiom.com and facebook.com Technologies, secondly, advantages and disadvantages of accessing private information on researchers and investigated, thirdly, measures of privacy enhancement, fourthly, provisions of Privacy Amendment Act of 1974 and Amendment 2004 and finally, exercises of electronic communication Privacy Act of 1968; under electronic privacy laws.
Introduction
We live in a modern world which is different from the one man lived a few decades ago. This variance is attributed to widespread application of information technology, internet accessibility and the emergence of the computer era. Technology has transformed peoples’ way of life socially, political and economically thus enhancing the living standards. It has also changed the business world especially with the introduction of e-commerce, e-banking and other online services (Branscomb, 2000). In the last few years, online and internet world has developed and expanded at an alarming rate; an idea that attracts interest from the public in addressing privacy of private data. Online users use the internet to access various online services and store private information. However, it has been established that private information can be accessed, processed and retrieved by the public without the owner’s consent. This aspect questions the credibility of the state and online service providers in ensuring that there is privacy on private information. However, the question that needs to be addressed is what technologies are used to access private data online by the third party.
The following are some of the technologies employed in accessing, processing and retrieving private data in the internet.
Intelius.com
It is one of the technologies and search engine on the internet that provides information about friends, relatives, classmate and any other person living in United States. Most of the search engines commonly used by online users are affiliated to Intelius.com. Date check is one of the internet search engines that captures and stores user’s private information such as date of birth, mobile number, address and any other relevant information. Date Check operates as hidden program in the internet and targets any person using the internet. Intelius.com provides information to both the public and business organizations and in most cases, data related to theft identity protection and background checks files. It obtains its revenue by selling private information to individuals, business organizations and government agencies. Using Intelius.com one can search personal information and other peoples’ information through the use of Social security number SSN and the phone number.
Acxiom.comhttp://writers-corp.net
It is regarded the leading search engine in the internet as it powers Google.com, Yahoo.com and Lycos. Com. These are some of the commonly used search engine in the internet globally. Acxiom.com is information providing corporation that sells personal information to the public and government agencies. The World Bank report (2007) indicated that Acxiom.com collected more than $1.5 billion through selling personal information (Newman, 2008). This was 25% increase of the revenue collected in 2009. There are two different database accounts in Acixiom.com namely; one that provide information to businesses and law enforcing agencies and the other one to the public through affiliate search engines. Sensitive and confidential information related to finance and security numbers are contained in business and law enforcement database while personal information is stored in the public database. However, the online user can remove personal information stored in the public database but not in the business and law enforcement database.
Facebook.com
Facebook is one of the social networking sites commonly used today. Statistics indicate six million people worldwide have a facebook account. Facebook account holders are allowed to purchase applications online such as games, puzzles, music and enjoy file sharing services. Through such activities, personal information is captured and stored in facebook database before being sold to the public and other organizations. However, personal information exists online even if one has unsubscribed from a facebook account; this is, unlike the other social networking sites.
Advantages and disadvantages of accessing private data
Planning: The government uses data retrieved in online data for planning purposes. Knowing the exact number of people under a given category helps the government mobilize it resources and services to the people equitably. The state can establish certain challenges affecting its citizen’s thus promoting efficiency.
Enhance interaction: Providing private information on the internet promotes interaction among the people because one can retrieve contacts of a lost friend, relative and classmate. One can email the other person and ask their whereabouts thus promoting cohesion and interaction.
Disadvantages
It is expensive: The government and the public are required to purchase personal information from the online database owners. Sometime, one is charged highly especially when requesting personal information related to social security numbers and financial reports.
Improve accessibility: It is easy to contact and access people whose personal information is available in the internet. This aspect comes handy during emergencies and when one cannot be reached through a phone.
Promote transparency: personal information available in the internet can be used to clarity a certain scandal one has been wrongly accused. This is common with highly profiled persons in the society whose reputation and image has been tarnished. However, such claims are cleared by availing private data to the public thus promoting transparency.
Disadvantages
Lower privacy: Private data in the internet lower the level of privacy because one cannot be guaranteed privacy pertinent data. Low privacy level influences people to use other means of storing confidential information rather than the internet.
Leads to insecurity: Criminals have misused private data in the internet to carry owned their heinous activities. They use the phone number, and addresses to contact certain people in exchange of money, thus leading to insecurity.
Effective ways of enhancing privacy
Use of passwords
In order to protect private information, one should put a password on the email account, personal computer and social networking sites. This implies that no other person can access the information without the correct password from the owner. Companies providing online services should also use passwords to prevent hackers from accessing private information.
Installing an anti-spyware program
Computers that are already installed with an anti-spyware program are more secure than those not installed anti-spyware security programs. In the internet, there are other threats such as virus and malware programs that can interfere with personal data in the computer. Malware programs pose a significant threat to internet users because they retrieve personal information in the computer without ones consent (Solove & Rotenberg, 2003). They operate as hidden programs attached to other online database sites. However, installing and frequently updating anti-spyware program blocks malware from infecting the computer thus protecting private information.
Using secured browsers
Some of the internet browsers are not secured from internet hackers and malware programs; an idea that poses a threat on personal information. Such browsers captures, store and send online user private information to other malicious online database attached to them. Therefore, users should only use secured browsers so that to enhance security of their private information.
Removing personal information from the online database
Online users wishing to remove their private information from the public database should contact different search engines in the internet. In most cases, a request for private data removal is sent to the online database owner via an email or a call. Once the request is reviewed one provides relevant documents to confirm his identity. In case, one has a facebook account, deactivating/deleting the account removes private information in the public domain. In certain instance, online database operators may refuse to remove personal information of certain persons from the public. In such a scenario, one may seek a court injunction ordering online database to remove the private data from the public.
Use of online data removal companies
Today, professional data removal companies exist and help to remove personal information from the internet. These companies not only remove private information from the internet but also monitor how the information is dispatched. Reputation Defender (RD) and My Privacy are some of companies offering such services. They have exclusive removal contracts with main key online database operators; an idea that make them effective in removing personal information from public database.
Federal laws influencing the availability of private data to the public
The privacy Amendment of 1974 and 2004
The federal government has formulated and enacted laws geared towards enhancing privacy of private and public information. In 1966, Freedom of Information Act (FOIA) was formulated and enacted to ensure that the government releases certain information to the public. It provides the disclosure procedures and offers exemptions under the statute. Alteration in FOIA led to the establishment of privacy amendment Act of 1974 and amendment of 2004. According to this Act, disclosure of documents and information can be extended to individuals, organizations and any other party thereof.
Article 18 of the Privacy Act of 1974 defines private information as confidential information only disclosed under the express of consent from the owner. Article 21 seconds this idea and states that any subject compelled by the law should not disclose confidential and private information for individual interests unless under the consent of the owner (Privacy Act of 1974). However, article 23 under exemption 3, is clear in which situations the state has the legal right to provide private information to the public. If the information is in the interest of national defence, relates to crime commitment, court order to disseminate the information, for agency participation as stipulated in the federal law and where holding the information will affect investigatory proceeding. I believe in this law because it has maintained a balance between individual privacy rights and the rights of the state. The law is clear in its operation as it states instances when exemption in statute applies.
Electronic privacy law: Electronic communication Privacy Act 1986
Electronic Communication privacy Act of 1968, aims at protecting electronic communication, wire and oral communication while still in transmission. This Act operates under three levels namely; Title 1-Federal wiretap statute, title 2- Store wire and electronic communication and 3- Video privacy Act 1988. All electronic communication recorded and stored in computers is protected under the provisions of Stored Communication Act (SCA). It also protects private information contained in emails and stored in computers Susan (Landau, 2011). The level of privacy is lower in title two than in the first title. The ECPA also prevents government agencies from disclosing electronic information without following the required legal provisions (Jane, 2012). This move ensures that privacy of personal information is enhanced as stipulated in the law. The law is effective in its operation since it ensures private data is protected and only conveyed to the public under the exemptions in the statute.
References
Branscomb, A. W. (2000). Who owns information? from privacy to public access. New York, NY: BasicBooks.
Newman, A. (2008). Protectors of privacy: regulating personal data in the global economy. Ithaca: Cornell University Press.
Solove, D. J., & Rotenberg, M. (2003). Information privacy law. New York: Aspen Publishers.
Solove, D. J. (2004). The digital person: technology and privacy in the information age. New York: New York University Press.
Jane Bailey, (2012) systematic Government Access to Private-Sector Data in United States. Journal of International Data Privacy Law, 2(4) pp; 89-110
Susan Landau (2011) Surveillance or Security? The Risks Posed by New Wiretapping Technologies (, Cambridge, MIT Press.
Overview of the Privacy Act of 1974 (2010 ed.) Washington, D.C.: U.S. Dept. of Justice, Office of Privacy and Civil Liberties
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