[WG-P3] P3WG meeting / OASIS PMRM slides

Smedinghoff, Tom TSmedinghoff at edwardswildman.com
Sat Jul 14 13:22:34 EDT 2012


This is perhaps an issue that we should address.

The problem (from a legal perspective) is that the definition of personal information subject to privacy and/or security law can vary from jurisdiction to jurisdiction, and from sector to sector. Here are definitions from some of the more often-cited laws --

The EU Data Protection Directive defines "personal data" as "any information relating to an identified or identifiable natural person ('data subject')"

The U.S. Privacy Act of 1974 (which governs federal government agencies only), applies to any disclosure of "any record which is contained in a system of records."  And "record" is defined as "any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph."

The California Civil Code defines "Personal information" as "any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information."

GLB defines "Personally identifiable financial information" as "any information: (i) A consumer provides to you to obtain a financial product or service from you; (ii) About a consumer resulting from any transaction involving a financial product or service between you and a consumer; or (iii) You otherwise obtain about a consumer in connection with providing a financial product or service to that consumer."

Tom

Thomas J. Smedinghoff
Edwards Wildman Palmer LLP
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________________________________
From: wg-p3-bounces at kantarainitiative.org [mailto:wg-p3-bounces at kantarainitiative.org] On Behalf Of j stollman
Sent: Friday, July 13, 2012 5:17 AM
To: Gershon Janssen
Cc: P3WG
Subject: Re: [WG-P3] P3WG meeting / OASIS PMRM slides

All,

In lieu of the telecon yesterday, I reviewed Gershon's presentation.  It prompted me to inquire, "Can we define what information needs to be kept private?"

Various organization have made various attempts to define PI and PII, but I don't think that any of them are sufficient to allow us to agree on what attributes constitute either.  Will we know PI/PII when we see it?

I would be grateful if anyone could provide me with a definition that they believe would allow us to discern whether any particular attribute falls into either category.

Thank you.

Jeff

On Thu, Jul 12, 2012 at 10:20 AM, Gershon Janssen <gershon at qroot.com<mailto:gershon at qroot.com>> wrote:
Hi all,

For today's P3WG meeting, I will be using the attached slides during agenda item 2 on the OASIS Privacy Management Reference Model.

Kind regards,

Gershon Janssen


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