Fair Information Practices

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Fair Information Practices

A general term for a set of standards governing the collection and use of personal data and addressing issues of privacy and accuracy. In the UK, the term Data Protection is preferred; in the EU, the term Personal Data Privacy is preferred. 

OECD’s Guidelines on Protection of Privacy and Transborder Flows of Personal Data principles:
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, complete 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 data 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 the Purpose Specification Principle except:
(a) with the consent of the data subject; or
(b) 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:
• To obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to him or her;
• To have communicated to him or her data relating to him or her 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 or her;
• 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
• To challenge data relating to him or her 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.
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References in periodicals archive ?
I How well does the DJC's online privacy policy comply with FTC Fair Information Practice Principles?
The FTC is in an ideal position to create a stronger regulatory program for online privacy consistent with its Fair Information Practices guidelines.
See archived CRS Report RL30784, Internet Privacy: An Analysis of Technology and Policy Issues, by Marcia Smith (available from author), for more information on the FTC surveys and fair information practices.
Essentially, the new Act will require private sector organizations to respect a code of fair information practices governing collection, use and disclosure of personal data.
As well, it provides a basic set of fair information practices to govern personal information, independent oversight by a data protection authority and redress through the courts.
On the technology front, we have worked with TRUSTe to create a Privacy Wizard that has been used by more than 16,500 Web sites to create privacy statements that comply with the Fair Information Practices.
In other words, when the common law's privacy tort or statutory law creates fair information practices, the result is the imposition of silence on speakers.
Acxiom supports the Fair Information Practices standards of these organizations.
The bottom line is if Web sites don't support fair information practices and enforcement mechanisms when addressing users' privacy concerns, the government will regulate.
fair information practices as they pertain to data protection issues in both the public and private sectors.
By the time "Washington Scene" appears in print, the IIA board of directors will have met to vote on and formally adopt IIA's proposed new Fair Information Practices Principles (http://www.

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