Деректерді жинау және тарату мәселелерінің құқықтық аспектілері

Legal issues regarding the collection and dissemination of data
Information privacy is the relationship between the collection and dissemination of data, technology, the public expectation of privacy, contextual information norms, and the legal and political issues surrounding them. It is also known as data privacy or data protection.

Various types of personal information often come under privacy concerns.

This describes the ability to control what information one reveals about oneself over cable television, and who can access that information. For example, third parties can track IP TV programs someone has watched at any given time. "The addition of any information in a broadcasting stream is not required for an audience rating survey, additional devices are not requested to be installed in the houses of viewers or listeners, and without the necessity of their cooperations, audience ratings can be automatically performed in real time."

In the United Kingdom in 2012, the Education Secretary Michael Gove described the National Pupil Database as a "rich dataset" whose value could be "maximised" by making it more openly accessible, including to private companies. Kelly Fiveash of The Register said that this could mean "a child's school life including exam results, attendance, teacher assessments and even characteristics" could be available, with third party organizations being responsible for anonymizing any publications themselves, rather than the data being anonymized by the government before being handed over. An example of a data request that Gove indicated had been rejected in the past, but might be possible under an improved version of privacy regulations, was for "analysis on sexual exploitation".

Information about a person's financial transactions, including the amount of assets, positions held in stocks or funds, outstanding debts, and purchases can be sensitive. If criminals gain access to information such as a person's accounts or credit card numbers, that person could become the victim of fraud or identity theft. Information about a person's purchases can reveal a great deal about that person's history, such as places they have visited, whom they have contact with, products they have used, their activities and habits, or medications they have used. In some cases, corporations may use this information to target individuals with marketing customized towards those individual's personal preferences, which that person may or may not approve. The FTC has provided a set of guidelines that represent widely accepted concepts concerning fair information practices in an electronic marketplace, called the Fair Information Practice Principles. To avoid giving away too much personal information, emails should be encrypted. Browsing of web pages as well as other online activities should be done traceless via "anonymizers", in case those are not trusted, by open source distributed anonymizers, so called mix nets, such as I2P or Tor (The Onion Router). VPNs (Virtual Private Networks) are another "anonymizer" that can be used to give someone more protection while online. This includes obfuscating and encrypting web traffic so that other groups cannot see or mine it. Email is not the only internet content with privacy concerns. In an age where increasing amounts of information are online, social networking sites pose additional privacy challenges. People may be tagged in photos or have valuable information exposed about themselves either by choice or unexpectedly by others, referred to as participatory surveillance. Data about location can also be accidentally published, for example, when someone posts a picture with a store as a background. Caution should be exercised when posting information online. Social networks vary in what they allow users to make private and what remains publicly accessible. Without strong security settings in place and careful attention to what remains public, a person can be profiled by searching for and collecting disparate pieces of information, leading to cases of cyberstalking or reputation damage. Cookies are used on websites so that users may allow the website to retrieve some information from the user's internet, but they usually do not mention what the data being retrieved is. In 2018, the General Data Protection Regulation (GDPR) passed a regulation that forces websites to visibly disclose to consumers their information privacy practices, referred to as cookie notices. A list of potentially sensitive professional and personal information that could be inferred about an individual knowing only their mobility trace was published in 2009 by the Electronic Frontier Foundation. These include the movements of a competitor sales force, attendance of a particular church or an individual's presence in a motel, or at an abortion clinic. A recent MIT study by de Montjoye et al. showed that four spatio temporal points, approximate places and times, are enough to uniquely identify 95% of 1.5 million people in a mobility database. The study further shows that these constraints hold even when the resolution of the dataset is low. Therefore, even coarse or blurred datasets provide little anonymity.

People may not wish for their medical records to be revealed to others due to the confidentiality and sensitivity of what the information could reveal about their health. For example, they might be concerned that it might affect their insurance coverage or employment. Or, it may be because they would not wish for others to know about any medical or psychological conditions or treatments that would bring embarrassment upon themselves. Revealing medical data could also reveal other details about one's personal life. There are three major categories of medical privacy: informational (the degree of control over personal information), physical (the degree of physical inaccessibility to others), and psychological (the extent to which the doctor respects patients' cultural beliefs, inner thoughts, values, feelings, and religious practices and allows them to make personal decisions). Physicians and psychiatrists in many cultures and countries have standards for doctor–patient relationships, which include maintaining confidentiality. In some cases, the physician–patient privilege is legally protected. These practices are in place to protect the dignity of patients, and to ensure that patients feel free to reveal complete and accurate information required for them to receive the correct treatment. To view the United States' laws on governing privacy of private health information, see HIPAA and the HITECH Act. The Australian law is the Privacy Act 1988 Australia as well as state based health records legislation.

Political privacy has been a concern since voting systems emerged in ancient times. The secret ballot is the simplest and most widespread measure to ensure that political views are not known to anyone other than the voters themselves—it is nearly universal in modern democracy and considered to be a basic right of citizenship. In fact, even where other rights of privacy do not exist, this type of privacy very often does. There are several forms of voting fraud or privacy violations possible with the use of digital voting machines.

The United States Department of Commerce created the International Safe Harbor Privacy Principles certification program in response to the 1995 Directive on Data Protection (Directive 95/46/EC) of the European Commission. Both the United States and the European Union officially state that they are committed to upholding information privacy of individuals, but the former has caused friction between the two by failing to meet the standards of the EU's stricter laws on personal data. The negotiation of the Safe Harbor program was, in part, to address this long running issue. Directive 95/46/EC declares in Chapter IV Article 25 that personal data may only be transferred from the countries in the European Economic Area to countries which provide adequate privacy protection. Historically, establishing adequacy required the creation of national laws broadly equivalent to those implemented by Directive 95/46/EU. Although there are exceptions to this blanket prohibition – for example where the disclosure to a country outside the EEA is made with the consent of the relevant individual (Article 26(1)(a)) – they are limited in practical scope. As a result, Article 25 created a legal risk to organizations which transfer personal data from Europe to the United States. The program regulates the exchange of passenger name record information between the EU and the US. According to the EU directive, personal data may only be transferred to third countries if that country provides an adequate level of protection. Some exceptions to this rule are provided, for instance when the controller themself can guarantee that the recipient will comply with the data protection rules. The European Commission has set up the "Working party on the Protection of Individuals with regard to the Processing of Personal Data," commonly known as the "Article 29 Working Party". The Working Party gives advice about the level of protection in the European Union and third countries. The Working Party negotiated with U. S. representatives about the protection of personal data, the Safe Harbor Principles were the result. Notwithstanding that approval, the self assessment approach of the Safe Harbor remains controversial with a number of European privacy regulators and commentators. The Safe Harbor program addresses this issue in the following way: rather than a blanket law imposed on all organizations in the United States, a voluntary program is enforced by the Federal Trade Commission. U. S. organizations which register with this program, having self assessed their compliance with a number of standards, are "deemed adequate" for the purposes of Article 25. Personal information can be sent to such organizations from the EEA without the sender being in breach of Article 25 or its EU national equivalents. The Safe Harbor was approved as providing adequate protection for personal data, for the purposes of Article 25(6), by the European Commission on 26 July 2000. Under the Safe Harbor, adoptee organizations need to carefully consider their compliance with the onward transfer obligations, where personal data originating in the EU is transferred to the US Safe Harbor, and then onward to a third country. The alternative compliance approach of "binding corporate rules", recommended by many EU privacy regulators, resolves this issue. In addition, any dispute arising in relation to the transfer of HR data to the US Safe Harbor must be heard by a panel of EU privacy regulators. In July 2007, a new, controversial, A short time afterwards, the Bush administration gave exemption for the Department of Homeland Security, for the Arrival and Departure Information System (ADIS) and for the Automated Target System from the 1974 Privacy Act. In February 2008, Jonathan Faull, the head of the EU's Commission of Home Affairs, complained about the US bilateral policy concerning PNR. The US had signed in February 2008 a memorandum of understanding (MOU) with the Czech Republic in exchange of a visa waiver scheme, without concerting before with Brussels. The tensions between Washington and Brussels are mainly caused by a lesser level of data protection in the US, especially since foreigners do not benefit from the US Privacy Act of 1974. Other countries approached for bilateral MOU included the United Kingdom, Estonia, Germany and Greece.