Privacy, Civil Rights, and Civil Liberties 101 December 10, 2012
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1 Privacy, Civil Rights, and Civil Liberties 101 December 10, 2012 e-courts 2012 Conference - Las Vegas, NV National Center for State Courts The Honorable Anthony Capizzi Montgomery County, Ohio, Juvenile Court Chair, Global Privacy and Information Quality Working Group
2 Topics Why Should We Be Worried About Privacy and Information Quality Issues? Overview of Privacy Terms and Concepts The Importance of Having a Privacy Policy What Can Happen Without a Privacy Policy? From Privacy to Information Quality Global Privacy and Information Quality Resources OJP Justice Information Sharing Web Site Global Privacy Success Stories 2
3 Why The Columbus Dispatch October 28, 2008 Headline: Ohio State Official Ordered Search of Joe the Plumber's Private Records Ohio's Inspector General concluded in a report that the ODJFS director had wrongly authorized searches of Wurzelbacher through records kept on child support payments, temporary aid to families, and unemployment benefits. A state employee concerned that privacy rules had been violated initially disclosed the breaches. 3
4 Why Fox 6 News, WITI, Milwaukee August 25, 2011 Headline: State Senator Darling to Introduce Bill to Give Police Greater Access to Juvenile Records What my bill does is coordinate the information so law enforcement can get the whole picture of a juvenile who has committed a crime. 4
5 Why Star Tribune, Las Vegas September 6, 2011 Headline: One Prosecutor s Proposal for Juvenile Justice in Wyoming Cook County Prosecuting Attorney Joseph Baron s proposal includes making confidential juvenile court records available to community juvenile service boards, criminal justice agencies, and public and private entities that supervise or care for minors. 5
6 Privacy Overview Privacy refers to individuals interests in preventing the inappropriate collection, storage, use, and release of personally identifiable information Privacy interests include privacy of personal behavior, privacy of personal communications, and privacy of personal data 6
7 Privacy Overview Civil liberties are fundamental individual rights or freedoms, such as freedom of speech, press, assembly, or religion; the right to due process, to fair trial, and to privacy; and other limitations on the power of the government to restrain or dictate the actions of individuals Civil rights are rights and privileges of citizenship and equal protection that the state is constitutionally bound to guarantee all citizens regardless of race, religion, sex, or other characteristics unrelated to the worth of the individual 7
8 Privacy Overview What Is a Privacy and Civil Liberties Policy? What Is the Purpose of a Privacy and Civil Liberties Policy? 8
9 Privacy Overview What Is the Difference Between A Privacy Policy and a Security Policy? 9
10 The Importance of Having a Privacy Policy Reasons for Having a Privacy Policy It s the Right Thing to Do! 10
11 What Can Happen Without a Privacy Policy? Effects of Improper Practices Tarnishing an individual s reputation or standing Inappropriate invasion of privacy Personal or financial injury to individuals Getting sued and paying settlements or judgments Loss of public support and confidence Loss of means and methods Loss of funding and resources Decline in morale, or worse, getting shut down 11
12 What Can Happen Without a Privacy Policy? CBS News September 14, 2010 Headline: Pennsylvania Governor Apologizes for Terror Bulletins on Protests An embarrassed Governor Ed Rendell apologized Tuesday to groups whose peaceful protests or events, from an animal rights demonstration to a gay and lesbian festival, were the subject of regular anti-terrorism bulletins being distributed by his homeland security director. 12
13 What Can Happen Without a Privacy Policy? The Atlanta Journal Constitution September 25, 2005 Headline: Homeland Security Officials Wrongly ARRESTED Peaceful Protestors in Georgia, Charges ACLU Vegans Targeted for Protesting Outside HoneyBaked Ham Store 13
14 From Privacy to Information Quality The collection and sharing of poor quality information raises serious privacy concerns because the two concepts are inherently linked Quality information plays an extremely important role in the protection of the privacy rights of juveniles Through cross-collaboration among local, state, tribal, and federal justice entities, personally identifiable information is shared to form the information and records that underlie justice decision making As this cross-collaboration increases and improves, it is imperative that juvenile justice entities address the quality of the information shared 14
15 From Privacy to Information Quality How Can You Develop and Implement Privacy and Information Quality Policies and Procedures? 15
16 Global Justice Information Sharing Initiative (Global) FACA advisory body to nation s chief law enforcement officer, the U.S. Attorney General (AG) Supported by the Bureau of Justice Assistance (BJA) and the Office of Justice Programs (OJP), U.S. DOJ Addressing technical and policy issues Thirty-two AG-selected agencies, associations, constituencies Key personnel from all governmental levels: local, state, tribal, federal, and international Representatives from across the justice landscape, affecting the work of more than 1.2 million justice professionals 16
17 Global Advisory Committee s (GAC s) Development and Collaboration Efforts GAC working groups, councils, task teams, etc.: Consist of GAC committee members, as well as other subject-matter experts who expand the GAC s knowledge and experience. These groups are formed around timely issues affecting justice information sharing. Intelligence Infrastructure, Standards, and Security Business Solutions Privacy and Information Quality 17
18 Global Privacy Resources 18
19 Global Privacy Resources Booklet A road map to help justice entities navigate the diverse privacy policy and implementation products and tools available today Structured to help the reader determine which products to use for what purpose Products are grouped according to their use at each stage of a Privacy Program Cycle 19
20 Global Privacy Resources (Continued) Stages of a Privacy Program Cycle Educate and raise awareness Assess agency privacy risks Develop the privacy policy Perform a policy evaluation Implement and train Conduct an annual review All Global Privacy Resources are available online at 20
21 Global Privacy Resources Stage 1. Educate and Raise Awareness Executive Summary for Justice Decision Makers: Privacy, Civil Rights, and Civil Liberties Program Development 7 Steps to a Privacy, Civil Rights, and Civil Liberties Policy 21
22 Global Privacy Resources Stage 2. Assess Agency Privacy Risks Guide to Conducting Privacy Impact Assessments for State, Local, and Tribal Justice Entities 22
23 Global Privacy Resources Stage 3. Develop the Privacy Policy Privacy, Civil Rights, and Civil Liberties Policy Development Guide for State, Local, and Tribal Justice Entities (Global Privacy Guide) Privacy, Civil Rights, and Civil Liberties Policy Development Template for State, Local, and Tribal Justice Entities (SLT Policy Development Template) 23
24 Global Privacy Resources Stage 4. Perform a Policy Evaluation Privacy, Civil Rights, and Civil Liberties Policy Development Template for State, Local, and Tribal Justice Entities: Policy Review Checklist 24
25 Global Privacy Resources Stage 5. Implement and Train Coming Soon! Establishing a Privacy Officer Function Within a Justice or Public Safety Entity: Recommended Responsibilities and Training 25
26 Global Privacy Resources Stage 5. Implement and Train (continued) Implementing Privacy Policy in Justice Information Sharing: A Technical Framework Privacy, Civil Rights, and Civil Liberties Compliance Verification for the Intelligence Enterprise Guidance for Building Communities of Trust The Importance of Privacy, Civil Rights, and Civil Liberties Protections in American Law Enforcement and Public Safety DVD Criminal Intelligence Systems Operating Policies (28 CFR Part 23) Online Training 26
27 Global Privacy Resources Stage 6. Conduct an Annual Review Privacy, Civil Rights, and Civil Liberties Policy Development Template for State, Local, and Tribal Justice Entities: Policy Review Checklist 27
28 Global s Information Quality (IQ) Series Information Quality: The Foundation for Justice Decision Making 9 Elements of an Information Quality Program Information Quality Self-Assessment Tool Information Quality Program Guide 28
29 Global Information Sharing Toolkit (GIST) An online tool to help users navigate Global s numerous products, with three search options: Search: Using keywords, phrases, titles, or a combination of selected filters Browse: Using an extensive classification hierarchy to find categorized groups of products Guide: Using business needs or interests based on a series of guided questions 29
30 GIST Search Refine your search by selecting multiple applicable filters, such as: Focus Area Product Type Discipline/Community Role Business Problem/Need and many more filters 30
31 GIST Search Example For example, as the Focus Area filter reveals, there is only one privacy-focused policy evaluation product available in the GIST repository 31
32 GIST Browse Navigate through the classification hierarchy to find the group of products that suits your needs 32
33 GIST Guide Sample Business Problems The following sample business problems are currently available in the GIST Guide: Global Reference Architecture (GRA) Global Federated Identity and Privilege Management (GFIPM) Privacy and Information Quality Intelligence 33
34 GIST Guide Sample Search 34
35 Global Web Site Office of Justice Programs (OJP) Justice Information Sharing Web site for Global, Provides justice agencies with timely and useful resources that support privacy, information quality, intelligence, and technology initiatives, including NIEM and the GRA 35
36 and today, there is cloud computing! 36
37 Privacy Success Stories Connect South Dakota - NGA Privacy TA Effort Using Global Resources, such as the SLT Policy Development Template, we were able to Connect South Dakota (Connect SD) law enforcement in a statewide data exchange project, while ensuring the privacy rights and civil liberties of the citizens we serve. Upon completion of the Connect SD privacy policy, it was important to ensure our officers were trained on privacy protections. To accomplish this goal, we utilized Global s line officer training video and First Amendment-protected event resources. Bryan Gortmaker, Director South Dakota Division of Criminal Investigation 37
38 Privacy Success Stories CONNECT Consortium NGA Privacy TA Effort For several years, the Alabama Criminal Justice Information Center (ACJIC) has been involved in a multi-state initiative called CONNECT which has served as a proof-of-concept for sharing rich criminal justice information across state lines. Since its inception, the CONNECT leadership has recognized the importance of adopting a strong privacy and civil liberties policy to govern usage of CONNECT. Thanks to the Global SLT Policy Development Template and the Global Privacy Impact Assessment Guide, CONNECT was able to craft a model policy to meet the needs of the member states (Alabama, Kansas, Nebraska and Wyoming). Despite the fact that each state has its own set of governing laws and policies concerning the sharing of criminal justice information, the Global templates were robust enough to allow for the creation of a single policy to govern CONNECT usage. Maury Mitchell, Director Alabama Criminal Justice Information Center 38
39 Privacy Success Stories Hawaii Integrated Justice Information Sharing (HIJIS) Program NGA Privacy TA Effort Indiana Data Exchange (IDEx) 77 Designated Fusion Centers and 15 Regional Nodes 39
40 Privacy Success Stories Alabama Fusion Center DOJ s OJP Web site pertaining to Global Privacy Resources, is an amazing resource and I highly recommend it to anyone that wants to learn more about privacy, civil rights, and civil liberties. The site is designed to help with all aspects of the Privacy Program Cycle, including providing all the materials necessary to develop a comprehensive privacy policy or to evaluate an existing policy. As a relatively new Fusion Center Director, privacy was one of the first areas that I focused on and this site provided all the materials necessary to help create our program. Thanks to the DOJ subject matter experts who developed this site! Joe B. Davis, Ph.D., Director Alabama Fusion Center 40
41 Questions? Anthony Capizzi Montgomery County, Ohio, Juvenile Court 380 West Second Street Dayton, Ohio (937)
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