Unauthorized Transmission and Use of Personal Data

Unauthorized Transmission and Use of Personal Data
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 transmission
The 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 information
The 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.
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