Analysis of google and facebook privacy incidents
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Analysis of google and facebook privacy incidents
New York UniversitySchool of LawPUBLIC LAW & LEGAL THEORY RESEARCH PAPER SERIES WORKING PAPER NO. 12-43PRIVACY BY DESIGN: A COUNTERFACTUAL ANALYSIS OF Analysis of google and facebook privacy incidents F GOOGLE AND FACEBOOK PRIVACY INCIDENTSIra s. Rubinstein and Nathaniel Good41122Privacy by Design: a Counterfactual Analysis of Google and Facebook Privacy Incidentsỉm s. RjtbiHSftitt* & Nariwnifl GủCíT’AbstractRegulators here and abroad have embraced ’"privacy by design" as a critical element of th Analysis of google and facebook privacy incidents eir ongoing revision of current privacy laws. Tire underlying idea is to “build in" privacy— in the form of Fail Information Practices or ("FIPs’’}—whAnalysis of google and facebook privacy incidents
en creating software products and services. But FIPs are not self-executing. Rather, privacy by design requires the translation of FIPs into engineeriNew York UniversitySchool of LawPUBLIC LAW & LEGAL THEORY RESEARCH PAPER SERIES WORKING PAPER NO. 12-43PRIVACY BY DESIGN: A COUNTERFACTUAL ANALYSIS OF Analysis of google and facebook privacy incidents elated corporate privacy guidelines is by including them in the definition of software "requirements.’’ And a main component of nuking a specification or requirement for software design is to make it concrete, specific, and preferably associated with a metric. Equally important is developing softwar Analysis of google and facebook privacy incidents e interfaces and other visual elements that are focused around end-user goals, needs, wants, and constraints.Tlus Article offers the first comprehensiAnalysis of google and facebook privacy incidents
ve analysis of engineering and usability principles specifically relevant to privacy. Based on a review of the technical literature, it derives a smalNew York UniversitySchool of LawPUBLIC LAW & LEGAL THEORY RESEARCH PAPER SERIES WORKING PAPER NO. 12-43PRIVACY BY DESIGN: A COUNTERFACTUAL ANALYSIS OF Analysis of google and facebook privacy incidents e analyzes the prerequisites for undertaking a counter factual analysis of these ten incidents. Part II presents a general review of the design principles relevant to privacy Part III turns to ten case studies of Google and Facebook privacy incidents, relying on the principles identified 111 Part II Analysis of google and facebook privacy incidents to discover what went wrong and what the two companies might have done differently to avoid privacy violations and consumer harms. Part IV of the ArtAnalysis of google and facebook privacy incidents
icle concludes by arguing that all ten privacy incidents might have been avoided by tile application of the privacy engineering and usability principlNew York UniversitySchool of LawPUBLIC LAW & LEGAL THEORY RESEARCH PAPER SERIES WORKING PAPER NO. 12-43PRIVACY BY DESIGN: A COUNTERFACTUAL ANALYSIS OF Analysis of google and facebook privacy incidents hat business concerns often compete with and overshadow privacy concerns. Hence the solution lies in pronding turns with much clearer guidance about applicable design principles and how best to incorporate them into their software development processes. Regulators should provide greater guidance on Analysis of google and facebook privacy incidents how to balance privacy with business interests, along with appropriate oversight mechanisms.5 2013 ha s. Rubinstein & Nathaniel Goodt Adjunct ProfessoAnalysis of google and facebook privacy incidents
r of Law and Senior Fellow. Information Law Institute, New York University School of Law.ft Principal. Good Research LLC.Tills Article was presented aNew York UniversitySchool of LawPUBLIC LAW & LEGAL THEORY RESEARCH PAPER SERIES WORKING PAPER NO. 12-43PRIVACY BY DESIGN: A COUNTERFACTUAL ANALYSIS OF Analysis of google and facebook privacy incidents ee. Paul Schwartz, and Tai Zarsky provided valuable suggestions on an earlier draft. Thanks are also due to Jeramie Scott and Mangesh Kulkami for excellent research assistance and to Tim Huang for Ills help with citations. A grant from Tire Privacy Projects supported tills work.1334BERKELEY TECHNOLO Analysis of google and facebook privacy incidents GY LAW JOURNAL [Vol. 28:1333Table or ContentsI.BACKGROUND.................................................133oII.DESIGN PRINCIPLES....................Analysis of google and facebook privacy incidents
......................1343A.FAIR INFORM VI ION I’RACIICI s (“nil’s”) AS I1II BASIS OKDl-SIGN PRINCII’IJ S..................................13431FIPs oNew York UniversitySchool of LawPUBLIC LAW & LEGAL THEORY RESEARCH PAPER SERIES WORKING PAPER NO. 12-43PRIVACY BY DESIGN: A COUNTERFACTUAL ANALYSIS OF Analysis of google and facebook privacy incidents .....13491Multiple Meanings of Design.....................1349a)Front End Versus Back End Design: The NewChallenges of Designing for Privacy........1352b)Putting Design into Privacy by Design......13532Pritaợ Engineering..............................1354a)Background.................................1 Analysis of google and facebook privacy incidents 354b)FIp$ Based Privacy Engineering.............1357c)Data Avoidance and Minimization............1358d)Data Retention Limits......................1361Analysis of google and facebook privacy incidents
e)Notice, Choice, and Access.................1362New York UniversitySchool of LawPUBLIC LAW & LEGAL THEORY RESEARCH PAPER SERIES WORKING PAPER NO. 12-43PRIVACY BY DESIGN: A COUNTERFACTUAL ANALYSIS OFNew York UniversitySchool of LawPUBLIC LAW & LEGAL THEORY RESEARCH PAPER SERIES WORKING PAPER NO. 12-43PRIVACY BY DESIGN: A COUNTERFACTUAL ANALYSIS OFGọi ngay
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