The Death of Privacy in the 21st Century
The Code of Fair Information Practice was the central contribution of the
HEW (Health, Education, Welfare) Advisory Committee on Automated Data Systems.
The Advisory Committee was established in 1972, and the report released in July.
The citation for the report is as follows:
The Code of Fair Information Practice is based on five principles:
Today privacy advocates have moved beyond the 1973 Code of Fair Information Practice and have adopted the OECD's 1980 Guideliens on the Protection of Privacy and Transborder Flows of Personal Data. You can find the entire document on the OECD website. The most important principles are:
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 Paragraph 9 except:
Security Safeguards Principle
Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorized access, destruction, use, modification or disclosure of data.
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:
A data controller should be accountable for complying with measures which give effect to the principles stated above.