USA Patriot Act

USA Patriot Act

The USA PATRIOT Act, commonly known as the "Patriot Act", is a statute enacted by the United States Government and signed into law by President George W. Bush on October 26, 2001. The contrived acronym stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law Pub.L. 107-56).

The Act increases the ability of law enforcement agencies to search telephone, e-mail communications, medical, financial, and other records; eases restrictions on foreign intelligence gathering within the United States; expands the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and broadens the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts. The act also expands the definition of terrorism to include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT Act’s expanded law enforcement powers can be applied.

The Act was passed by wide margins in both houses of Congress and was supported by members of both the Republican and Democratic parties. Opponents of the law have criticized its authorization of indefinite detentions of immigrants; searches through which law enforcement officers search a home or business without the owner’s or the occupant’s permission or knowledge; the expanded use of National Security Letters, which allows the FBI to search telephone, e-mail, and financial records without a court order; and the expanded access of law enforcement agencies to business records, including library and financial records. Since its passage, several legal challenges have been brought against the act, and Federal courts have ruled that a number of provisions are unconstitutional.

Many of the act's provisions were to sunset beginning December 31, 2005, approximately 4 years after its passage. In the months preceding the sunset date, supporters of the act pushed to make its sunsetting provisions permanent, while critics sought to revise various sections to enhance civil liberty protections. In July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several sections of the act, while the House reauthorization bill kept most of the act's original language. The two bills were then reconciled in a conference committee that was criticized by Senators from both the Republican and Democratic parties for ignoring civil liberty concerns.^[1] The bill, which removed most of the changes from the Senate version, passed Congress on March 2, 2006, and was signed into law by President George W. Bush on March 9 and 10, 2006.

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OECD Guidelines

Though they are not law in the United States, The privacy guidelines issued by the Organization for Economic Cooperation and Development (OECD) in 1980 are an important part of of Privacy debates today.The guidelines involve eight Principle, Which in different variations are often touted as "fair information practices".

1.Collection Limitation Principle: There should be limits to the collection of personal data and any such data obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject.
2.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.
3.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 fulfillment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose.
4.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:

• a) with the consent of the data subject; or
• b) by the authority of law.

5.Use Limitation Principle:Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorised access, destruction, use, modification or disclosure of data
6.Openness Principle: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.
7.Individual Participation Principle:An individual should have the right:

• a) to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to him;
• b) to have communicated to him, data relating to him within a reasonable time;
  at a charge, if any, that is not excessive;
  in a reasonable manner; and
  in a form that is readily intelligible to him;
• c) to be given reasons if a request made under subparagraphs(a) and (b) is denied, and to be able to challenge such denial; and
• d) to challenge data relating to him and, if the challenge is successful to have the data erased, rectified, completed or amended.

8.Accountability: A data controller should be accountable for complying with measures which give effect to the principles stated above.