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Privacy and Intellectual Property Rights Index

... links concerned with privacy, intellectual property rights, copyrights, remedies, fair use, myths, etc.

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Preface

This page contains links to sites dealing with privacy and the impending privacy crisis, intellectual property rights, copyrights, trademarks, fair use, protection, remedies, law, policy, related mailing lists, etc.

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Privacy and Privacy Rights

There is no doubt that we are headed for a major privacy and intellectual property rights crisis. It is only a matter of time until the fast pace and the ease of information exchange create a major concern about privacy issues, world-wide.

One of the issues is the substantial difficulty in describing privacy and the circumstances when it should be protected in different cultures; another issue is the difficulty of implementing effective monitoring and control systems to assure privacy protection of any sort.

 
The U.S. Code of Fair Information Practices

In 1972, the Secretary of the U.S. Department of Health Education and Welfare, then Elliot L. Richardson, appointed an Advisory Committee on Automated Personal Data Systems to explore the impact of computerized record keeping on individuals. In a report published in 1973, the Advisory Committee proposed a Code of Fair Information Practices. These practices supplied the intellectual and statutory framework for the Privacy Act of 1974, the U.S. federal law regulating the use of personal information by the government, and served as a model for privacy legislation in this country and worldwide. The basic principles of the 1973 Code are as follows:

  1. There must be no personal data record-keeping systems whose very existence is secret;
  2. There must be a way for an individual to find out what information is in his or her file and how the information is being used;
  3. There must be a way for an individual to correct information in his or her records;
  4. Any organization creating, maintaining, using, or disseminating records of personally identifiable information must assure the reliability of the data for its intended use and must take precautions to prevent misuse; and
  5. There must be a way for an individual to prevent personal information obtained for one purpose from being used for another purpose without his or her consent.
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Canadian Standards Association's Ten Fair Information Principles.

These principles represent a consensus of stakeholders from the private sector, consumer and other public interest organizations and some Canadian government bodies. Their adoption and use is entirely voluntary; but they may represent a starting point for planned legislation (see source below).

  1. Accountability: An organization is responsible for personal information under its control, and shall designate an individual or individuals who are accountable for the organization's compliance with the Code's principles.
  2. Identifying Purposes: The purposes for which personal information is collected shall be identified by the organization at or before the time the information is collected.
  3. Consent: The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except where inappropriate.
  4. Limiting Collection: The collection of personal information shall be limited to that which is necessary for the purposes identified by the organization. Information shall be collected by fair and lawful means.
  5. Limiting Use, Disclosure and Retention: Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as is necessary for the fulfilment of those purposes.
  6. Accuracy: Personal information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
  7. Safeguards: Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.
  8. Openness: An organization shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.
  9. Individual Access: Upon request, an individual shall be informed of the existence, use and disclosure of his or her personal information, and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
  10. Challenging Compliance: An individual shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for the organization's compliance.
The foregoing are excerpted from from Part 2: "Finding Basic Principles" of a Canadian Government discussion paper "The Protection of Personal Information -- Building Canada's Information Economy and Society," proposing privacy legislation in Canada in early 1998.

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The Province of B.C.'s Fair Information Principles as contained in the Executive Summary of a report, "An investigation concerning the disclosure of personal information through public property registries" and also contained in their Freedom of Information and Protection of Privacy Act.
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Below are some links which may help you get started if you are concerned about this issue.
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Intellectual Property Rights Index

The following are links to sites dealing with intellectual property rights, copyrights, trademarks, fair use, protection, remedies, law, policy, etc. We, of course, recommend none of them and endorse none of them. They are not listed for legal advice, etc.
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Related Mailing Lists

One mailing list, EPIC Alert, is the online newsletter of the Electronic Privacy Information Center in Washington, DC. The Alert is bi-weekly and covers issues related to privacy and civil liberties in the information age.

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Another related mailing list, called the Privacy Forum, may be found on the web at: Subscription instructions, descriptive material, etc., are all at the above website. The Privacy Forum "includes a moderated digest for the discussion and analysis of issues relating to the general topic of privacy (both personal and collective) in the "information age" of the 1990's and beyond. Topics include a wide range of telecommunications, information/database collection and sharing, and related issues, as pertains to the privacy concerns of individuals, groups, businesses, government, and society at large."

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The Coalition for Networked Information (CNI) hosts a moderated mailing list CNI-COPYRIGHT which provides a forum for discussion, questions and answers about copyrights as they apply to any form of expression in the networked environment. For a description of the mailing list, and instructions about subscribing, send an e-mail message to: leaving the subject line blank, and entering in the first line of the body of the message: This message goes to a computer which will reply by sending you a three-page message that describes the list, its purposes, how to subscribe, how to submit a post, the list archive, the e-mail addresses of the list moderator and owner, etc. The message also indicates how to get the FAQ (list of frequently-asked questions and their answers). This is the same FAQ referred to above in the Ohio-State entry, however.

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Another related mailing list is as follows:

 CYBERSPACE-LAW is a free (distribution-only) e-mail Internet seminar for non-lawyers. It will send out one message every 2-3 days about the basic principles of the law of copyright, free speech, libel, privacy, contract, and trademark, as they apply on the Net.

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Title: The Meek Family Website - Privacy rights; Intellectual property rights, copyrights, trademarks, fair use, protection, remedies, law, policy, related mailing list.
Contact for further information about this page: Chet Meek.

Voice: 780+433-6577; E-mail: cmeek@ocii.com
The primary URL for this page is at:  http://www.GoChet.ca/h_rights.htm

Page last updated: 18 July 2014 (Sm 2.26.n, w/SC; Win7pOnLower case Lambda - 16 high,
          transparent background). Page created: 28 February 1996.