Unauthorized Transmission And Use Of Personal DataContents
TOC o “1-3” h z u HYPERLINK l “_Toc380420539” Unauthorized Transmission And Use Of Personal Data PAGEREF _Toc380420539 h 1
HYPERLINK l “_Toc380420540” Laws that pertain to personal data storage and transmission PAGEREF _Toc380420540 h 1
HYPERLINK l “_Toc380420541” Does the modern society perceive cyber crime more leniently than contemporary crime? PAGEREF _Toc380420541 h 2
HYPERLINK l “_Toc380420542” Progress made in ensuring security of personal information PAGEREF _Toc380420542 h 4
Unauthorized transmission of personal information has become a great challenge both to public and private organizations. The reasons for choosing to study this topic include, it will help in understanding why there is increased rate of cyber crime. Another reason that led to looking at this topic was to help in understanding how the cyber criminals are able to access personal information and use it for various criminal activities (Gumzej, 2012). This topic will also help in understanding how the various organizations that are entrusted with people’s personal information allow it to be accessed by unauthorized parties. This study will also help in understanding how the law has dealt with this issue and the moral ethical position of the society concerning this issue.
Laws that pertain to personal data storage and transmissionThe federal government has put various laws that govern personal data storage, and transmission as well as privacy. Privacy protection especially of data has been an issue of public concern for many countries such as United States and other European countries. The Constitution of United States; however, does not have a clear guideline on the rights to privacy (Joy & McMunigal, 2012). Although the constitution lacks this clarity on how personal information should be collected and used by private business, the congress has enacted measures that regulate personal information privacy for various industries, as well as practices.
One of such law that protects information privacy is the children privacy protection Act of 1998.The law gives parent the authority to know the information collected from their children, especially those below the age of 13 year, and how this information is used, as well the internet website disclosures of such information. The law gives various procedures on how such information confidentiality integrity and security should be maintained. The law also allows parent to have a preview of collected information about their children. The parents can also stop further use of their children information on a particular website.
Another law that protects personal information transmission is the Gramm-Leach financial Modernization act. The law governs dissemination of personal information by financial institutions. The law requires that, a financial institution to give their customers privacy policy procedures. In addition, the institutions should also give their client an option of having their personal information disclosed to third parties (Zollars, 2012). Other laws that also ensure privacy and protection of unauthorized transmission of personal information, is the right to financial privacy act. The law protects personal information held by banks and other financial institutions, from being disclosed to the government without a search warrant. These are but few laws that the federal government has put in place to ensure privacy of personal information. Researchers have however indicated that, there is still a need to enact more specific laws in relation to protection of personal information.
Does the modern society perceive cyber crime more leniently than contemporary crime?It is true that the modern society perceives the cybercrime more leniently compared to the contemporary crime. This has been attributed to the complexity of cyber crime, where most of the crimes that have occurred are too complex for the society to understand, and only the computer experts can understand it clearly (Gumzej, 2012). Although the society have been in one way or the other been affected by the cyber crime, the type of punishments that have been recommended are far much lenient, compared to punishments that have been prescribed for other crimes.
Traditional crimes which mainly involve burglary, uses of violence among other crimes are still being perceived by the society as serious crime as compared to cyber crime which has increased in the last few years. This is despite of the large amount of money, which the society has lost and continues to loose through cybercrime (Joy & McMunigal, 2012). Researchers have said that the society will continue to underestimate cyber crimes because the crimes do not have a direct effect on the society.
Another reason why the society perceives cyber crimes more leniently compared to traditional crimes is the complexity in the investigation. For a cybercriminal to be convicted, tangible evidence has to be presented in the court of law. This is one of the most difficult challenges especially to the law enforcing agencies. This is because, although it is easy to identify a cyber crime, it is very difficult to produce evidence against these crimes. In addition, since technology is advancing faster than the legislation, the current constitution does not explain how some of the cyber crime should be punished (Joy & McMunigal, 2012). This means that, most of the punishments that are given to cybercriminals are lenient and very soft. This is because these punishments became prescribed along time ago when cyber crimes had not yet advanced. It is for this reason that, it is necessary for the government to come up with new cybercrime laws that can be used to punish the cyber criminals.
Progress made in ensuring security of personal informationThe federal government has made considerable progress in enhancing the security of personal information, especially from being accessed by unauthorized parties. This progress has been made both in terms of policies, as well as in terms of educating the general public on their rights to ensure that their personal information is protected. Through Federal of Bureau Investigation, the government has developed software that helps in identifying criminals who try to access other people personal information (Joy & McMunigal, 2012). However, these measures have been criticized by some people who say that, the government may use the same to access citizens’ personal information without their permission.
Another way that the government has made progress in ensuring personal information privacy is sector by sector approach regulation. The federal government has passed laws, which require various sectors both private and public to have a secure handling, as well as disposal of personal information (Zollars, 2012). Through this, the government ensures that various organizations take proper care of their client’s information and there are no chances of such information being accessed by a third party. In addition, the government stipulates various fines to organizations incase of breaching these laws. This has in a great way ensured that citizen’s personal information is safe and secure
The government has also embarked in educating the citizens about the need to demand for privacy of their personal information. Through federal trade commission, the government has continued to conduct civil education on this issue (Gumzej, 2012). The commission has also required all public and private organization to carry out personal information privacy awareness campaign in their organizations. This ensures that, the consumers and citizens in general know their rights concerning how organization should handle their personal information.
References
Gumzej, N. (2012). Data protection for the digital age: comprehensive effects of the evolving
law of accountability. Juridical Tribune , 2 (2), 82-108.
Joy, P., & McMunigal, K. C. (2012). The Ethical Risks of Technology. Criminal Justice , 27 (2),
57-64.
Zollars, E. K. (2012). Transferring client data securely. Tax Adviser , 23 (12), 842-845.