Is Consent the Foundation of Fair Information Practices? Canada's Experience Under Pipeda

Austin, Lisa M.

doi:10.2139/ssrn.864364

Cited by 5 publications

(6 citation statements)

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“…Before we do so it is important to point out that, prior to the arrival of digitization and the associated ability to collect and analyze large amounts of individual-specific information, U.S. law did not focus on the collection of individual-level data by companies. Prosser (1960) identified four distinct torts that are subsumed into the general concept of "privacy" (Austin 2006;Solove 2008):…”

Section: Privacy Regulation and Its Consequences For Innovation mentioning

confidence: 99%

Privacy and Innovation

Goldfarb

Tucker²

2012

Innovation Policy and the Economy

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Information and communication technologies now enable firms to collect detailed and potentially intrusive data about their customers both easily and cheaply. Privacy concerns are thus no longer limited to government surveillance and public figures' private lives. The empirical literature shows that privacy regulation may affect the extent and direction of data-based innovation. We also show that the impacts of privacy regulation can be extremely heterogeneous. We therefore argue that digitization has made privacy policy a part of innovation policy.

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Section: Privacy Regulation and Its Consequences For Innovation mentioning

confidence: 99%

Privacy and Innovation

Goldfarb

Tucker²

2012

Innovation Policy and the Economy

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“…Healthcare providers can facilitate implicit personal autonomy even if it contradicts professional opinions 9. Austin, 2006 Review: case and legislature Not applicable None identified Consumer information Collection use Confidentiality autonomy None identified 1. Privacy protection shifts balance of power away from business to consumers 2.…”

Section: Resultsmentioning

confidence: 99%

“…Barriers included a persistent lack of willingness on the part of organizations to share their information databases in order to ease the stress on YADD and their families (Clement, & Obar, 2016 ; Desai, 2013 ; Dyke et al, 2016 ; Gagnon et al, 2016 ; Larivie’re-Bastien, & Racine, 2011 ; Peekhaus, 2008 ; Mills, et al, 2003 ; Ministry of Health and Long-Term care (MHLTC), 2006 ; Lacobucci, 2014 ; Urowitz et al, 2008 ) and lack of commitment to use of technological advances to protect information privacy rights (Mills, et al, 2003 ; Siegel et al, 2009 ; Urowitz et al, 2008 ). Throughout the review, YADD needs were found to be unrepresented in organizational processes (Austin, 2006 ; CACL, 2011 ; Clement, & Obar, 2016 ; Siegel et al, 2009 ).…”

Section: Discussionmentioning

confidence: 99%

“…Identified solutions that acted as facilitators at the meso level focused on the provision of greater levels of experience, training, and practice opportunities for staff to better facilitate privacy rights for YADD (Dyke, et al, 2016 ; Gagnon et al, 2016 ; Lafky & Horan, 2011 ; Legislative Assembly of Ontario, 2008 ; Wellington North, 2015 ; Yalon-Chamovitz, 2009 ). As well, implementation of assessment of YADD needs for electronic health records and patient portals (Dyke et al, 2016 ; Urowitz et al, 2008 ) and enforcement of compliance among organizations in providing service that is consistent with existing privacy legislation and legislation governing the provision of individualized accommodations particularly for communication and comprehension (Austin, 2006 ; CACL, 2011 ; Dyke et al, 2016 ; Geist, 2016 ; Ontario Law, 2008 ).…”

Section: Discussionmentioning

confidence: 99%

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Protection of Privacy of Information Rights among Young Adults with Developmental Disabilities

Khanlou

Mantini

Khan

et al. 2018

Int J Ment Health Addiction

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Protection of privacy of information for young adults with developmental disabilities and their families is essential to promote quality of life, well-being, empowerment, and inclusion. Despite this, the young adults’ information privacy rights are increasingly at risk. This paper provides a scoping review, applying Arksey and O’Malley’s (2005) approach, of all published peer-reviewed journal articles and gray literature to examine the barriers and facilitators in utilization of legislation that protects the collection, use, disclosure, and access of personal information in Canada. The scoping review process was further expanded with a rigorous reliability method and applied a socio-ecological framework to the final 47 studies. National and international policy and legislation (macro level), organization-based factors (meso), young adults and community interactions (exo), and individual disability related factors (micro) are examined. The review identifies the barriers and highlights the importance of facilitators for acting on personal privacy rights.

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“…Specifically, Prosser (1960) identified four distinct torts that are subsumed into the general concept of 'privacy' (Austin, 2006;Solove, 2008):…”

Section: Privacy Regulation and Its Consequences For Innovation Andmentioning

confidence: 99%

Privacy and Innovation

Goldfarb¹,

Tucker²

2011

View full text Add to dashboard Cite

Information and communication technology now enables firms to collect detailed and potentially intrusive data about their customers both easily and cheaply. This means that privacy concerns are no longer limited to government surveillance and public figures' private lives. The empirical literature on privacy regulation shows that privacy regulation may affect the extent and direction of data-based innovation. We also show that the impact of privacy regulation can be extremely heterogeneous. Therefore, we argue that digitization means that privacy policy is now a part of innovation policy.

show abstract

Is Consent the Foundation of Fair Information Practices? Canada's Experience Under Pipeda

Cited by 5 publications

References 0 publications

Privacy and Innovation

Privacy and Innovation

Protection of Privacy of Information Rights among Young Adults with Developmental Disabilities

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