Privacy and Security Laws

Let’s discuss some items

  • For each:
    • I will remark
    • Your groups will discuss
    • Spokespersons from groups will report to class

These topics are also relevant to:

  • an understanding how we do things in the US

 

1.FERPA

  • Federal Education Rights and Privacy Act
  • Suppose your mother sends email:
    • “How is Herbie doing in your class?”
    • I am legally required not to say!
    • If you were younger I could say
    • If you signed a waiver I could say
  • Is this rule deontological or consequentialist?
  • What is the ethical motivation for it?
  • Is that a good idea?
  • Would a Humean-inspired approach suggest anything?
  • “Everyone would agrees it is good for a parent to guide their child”
  • How does that play with FERPA?
  • Can you think of another question?

 

Other FERPA rules:

I cannot congratulate you in front of the class for getting a 100% on a test

I cannot post the grades on my office door with your names

(A secret code is ok)

What do you think?

 

2. HIPAA

Health Insurance Portability and Accountability Act

* Some data about you is “Protected Health Information” (PHI)

* It is restricted from being disclosed

PHI includes

Health status

Medical care

Payment history

Hospitals cannot disclose identities of emergency admissions

Example:

A 2013 airliner crash in San Francisco 

a hospital cannot freely tell airline co.

who victims are

if they are at the hospital

how they are doing

“Mills-Peninsula adheres to Federal HIPAA (Health Insurance Portability and Accountability Act of 1996) guidelines protecting patient confidentiality and does not release any patient information, including names, ages, gender, nationality or diagnosis.” -see the article

 

  • Are these aspects of HIPAA deontological or consequentialist?
  • What is the ethical motivation?
  • Is it a good idea?
  • Would a Humean-inspired approach imply anything?
  • “Everyone would agrees it is good for a parent to guide their child”
  • How does that play with FERPA?
  • Can you think of another question?

3. 2016: FBI demanded Apple figure out how to crack terrorist iPhone

  • Do you recall some details?
  • Should Apple have cooperated?
  • What about next time? What if it’s not terrorism but something else?

4. USA PATRIOT Act and its sequelae

5. Data encryption law

 

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