Applying Privacy Guidelines

Abstract

In his Perspective “Mining our reality” (18 December 2009, p. [1644][1]), T. M. Mitchell states that the potential of online data cannot be fully realized unless rules for data sharing and use are put in place to address privacy issues. Several sets of international or regional guidelines that address personal digital information and privacy already exist. These include the United Nations Guidelines Concerning Computerized Personal Data Files, adopted by the General Assembly on 14 December 1990 ([ 1 ][2]); the Organisation for Economic Co-operation and Development Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, adopted on 23 September 1980 ([ 2 ][3]); and the Asia-Pacific Economic Cooperation Privacy Framework, endorsed by APEC Ministers in November 2004 ([ 3 ][4]). These guidelines can be applied to diverse organizations to regulate data collection, sharing, retention, and use. However, because they are voluntary choices rather than legally binding instruments, implementation is difficult to enforce, and unauthorized access to or misuse of personal data is difficult to prosecute. To protect privacy and foster Internet advances, online businesses and anyone else collecting personal data must provide policy-makers with clear and up-to-date information about how that personal data is collected and how and where the data flows. Using this information, policy-makers can supplement, refine, complete, and legalize these guidelines. 1. [↵][5] World LII, Privacy Law Resources, “United Nations guidelines concerning computerized personal data files” ([www.worldlii.org/int/other/PrivLRes/1990/1.html][6]). 2. [↵][7] Organisation for Economic Co-operation and Development, Directorate for Science, Technology and Industry, “OECD guidelines on the protection of privacy and transborder flows of personal data” ([www.oecd.org/document/18/0,3343,en\_2649\_34255\_1815186\_1\_1\_1_1,00.html][8]). 3. [↵][9] Australian Government, Department of the Prime Minister and Cabinet, APEC Privacy ([www.dpmc.gov.au/privacy/apec/index.cfm][10]). [1]: /lookup/doi/10.1126/science.1174459 [2]: #ref-1 [3]: #ref-2 [4]: #ref-3 [5]: #xref-ref-1-1 View reference 1 in text [6]: http://www.worldlii.org/int/other/PrivLRes/1990/1.html [7]: #xref-ref-2-1 View reference 2 in text [8]: http://www.oecd.org/document/18/0,3343,en_2649_34255_1815186_1_1_1_1,00.html [9]: #xref-ref-3-1 View reference 3 in text [10]: http://www.dpmc.gov.au/privacy/apec/index.cfm