There are three ways in which privacy law affects artists. The question of when privacy law prohibits acquiring certain types of information about or images of other people to use in the making of art is discussed in the “MAKE” section. Privacy may also be an issue when you would like to share your art with some people, but not with everyone. Artists whose work engages with political issues should also be concerned about exemptions of privacy law for purposes of surveillance.
Privacy law
A concise summary of privacy protection principles, called here “fair information practices,” along with links to full texts of several key documents.
Center for Democracy and Technology [www.cdt.org]
CDT/Privacy Basics: Fair Information Practices
A brief summary of and links to all of the laws dealing with privacy of information in the US currently.
Center for Democracy and Technology [www.cdt.org]
CDT/Existing Federal Privacy Laws
Analysis and critique of existing law regarding government uses of commercial data.
Center for Democracy and Technology [www.cdt.org]
CDT/Privacy’s Gap: The Largely Non-existent Legal Framework for Government Mining of Commercial Data
A description of the legal foundations for a far-reaching surveillance program developed by the U.S. government since 9/11.
Congressional Research Service/Center for Democracy and Technology [www.cdt.org]
CRS/Privacy: Total Information Awareness Programs and Related Information Access, Collection, and Protection Laws
An analysis of the effectiveness of the federal government’s reliance on self-regulation to prevent corporate abuses of privacy.
Electronic Privacy Information Center [www.epic.org]
Chris Jay Hoofnagle/Privacy Self Regulation: A Decade of Disappointment
Threats to Privacy
Privacy can be threatened by the government, by corporations, and by other citizens.
A discussion of the threats to privacy – and other civil liberties – of government use of data mining technologies.
Bill of Rights Defense Committee [www.bordc.org]
Shannon R. Anderson/Total Information Awareness and Beyond: The Dangers of Using Data Mining Technology to Prevent Terrorism
Radio frequency identification technologies, commonly referred to as RFID chips, are considered by many to invade personal privacy in many of their uses. This primer explains what RFID technologies are and introduces a set of recommended best practices for their use developed by a public interest working group.
Center for Democracy and Technology [www.cdt.org]
full report:
CDT/RFID Privacy Best Practices
executive summary:
CDT/CDT-Led Working Group Releases RFID “Best Practices”
An overview of the multiple ways in which new digital technologies present threats to privacy, and possible responses to them.
Center for Democracy and Technology [www.cdt.org]
Ari Schwartz, et al./Digital Search and Seizure: Updating Privacy Protections to Keep Pace with Technology
What data mining is, how it is being used by the US government, and pertinent legislation.
Congressional Research Service/Federation of American Scientists [www.fas.org]
CRS/Data Mining: An Overview
Protecting Privacy
For decades there has been a struggle between those who would like to use tools to protect their privacy when they express themselves online and government efforts to legally restrict such activities.
A number of legaly software and networking tools have been developed for those who would like to communicate and/or gather information anonymously online. These tools are also of interest to artists’ collectives that desire to keep the identity of individual members confidential.
Electronic Privacy and Information Center [www.epic.org]
EPIC/EPIC Online Guide to Practical Privacy tools
A guide to the legal, technical, and self-regulatory tools being developed to help users protect their privacy online.
Center for Democracy and Technology [www.cdt.org]
CDT/CDT’s Guide to Online Privacy
Practices that individuals and organizations can use to ensure that privacy is protected.
US Department of Commerce, National Telecommunications & Information Administration [www.ntia.gov]
NTIA/Elements of Effective Self-regulation for Protection of Privacy
A succinct summary of current US law regarding the export of hardware or software involving encryption.
Department of Commerce
http://www.cdt.org/crypto/admin/000112commercefactsheet.shtml