=>Though they are not law in the United States, the privacy guidelines issued by the Organization for Economic Cooperation and Development (OECD) in 1980 are an important part of privacy debates today. The OECD consists of bureaucrats from 29 countries that work to coordinate policies with the aim of fostering international trade. The United States is a member of the OECD and one of the largest funders of its $200 million dollar annual budget. The Secretariat of the OECD is in Paris, France.
The Guidelines involve eight principles, which in different variations are often touted as "fair information practices":
- Collection Limitation Principle: There should be limits to the collection 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.
- 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, compete and kept up-to-date.
- Purpose Specification Principle: The purposes for which personal data are collected should be specified not later than at the time of collection and the subsequent use limited to the fulfilment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose.
- Use Limitation Principle: Personal data should not be disclosed, made available or otherwise used for purposes other than those specified in accordance with Principle 3 except:
- with the consent of the data subject; or
- by the authority of law.
- Security Safeguards Principle: Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorised access, destruction, use, modification or disclosure of data.
- 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.
- Individual Participation Principle: An individual should have the right:
- (a) to obtain from the 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;
- (c) to be given reasons if a request made under sub-paragraphs (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.
- Accountability Principle: A data controller should be accountable for complying with measures which give effect to the principles stated above.
2. Key provision of the USA patriot act subject to sunset.
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Sixteen provisions of the USA Patriot Act are set to expire Dec. 31 if not renewed.
The provisions are:
Section 201 - Gives federal officials the authority to intercept wire, spoken and electronic communications relating to terrorism.
Section 202 - Gives federal officials the authority to intercept wire, spoken and electronic communications relating to computer fraud and abuse offenses.
Subsection 203(b) - Permits the sharing of grand jury information that involves foreign intelligence or counterintelligence with federal law enforcement, intelligence, protective, immigration, national defense or national security officials
Subsection 203(d) - Gives foreign intelligence or counterintelligence officers the ability to share foreign intelligence information obtained as part of a criminal investigation with law enforcement.
Section 204 - Makes clear that nothing in the law regarding pen registers - an electronic device which records all numbers dialed from a particular phone line _ stops the government's ability to obtain foreign intelligence information.
Section 206 - Allows federal officials to issue roving "John Doe" wiretaps, which allow investigators to listen in on any telephone and tap any computer they think a suspected spy or terrorist might use.
Section 207 - Increases the amount of time that federal officials may watch people they suspect are spies or terrorists.
Section 209 - Permits the seizure of voice mail messages under a warrant.
Section 212 - Permits Internet service providers and other electronic communication and remote computing service providers to hand over records and e-mails to federal officials in emergency situations.
Section 214 - Allows use of a pen register or trap and trace devices that record originating phone numbers of all incoming calls in international terrorism or spy investigations.
Section 215 - Authorizes federal officials to obtain "tangible items" like business records, including those from libraries and bookstores, for foreign intelligence and international terrorism investigations.
Section 217 - Makes it lawful to intercept the wire or electronic communication of a computer hacker or intruder in certain circumstances.
Section 218 - Allows federal officials to wiretap or watch suspects if foreign intelligence gathering is a "significant purpose" for seeking a Federal Intelligence Surveillance Act order. The pre-Patriot Act standard said officials could ask for the surveillance only if it was the sole or main purpose.
Section 220 - Provides for nationwide service of search warrants for electronic evidence.
Section 223 - Amends the federal criminal code to provide for administrative discipline of federal officers or employees who violate prohibitions against unauthorized disclosures of information gathered under this act.
Section 225 - Amends FISA to prohibit lawsuits against people or companies that provide information to federal officials for a terrorism investigation.