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Youth Privacy

Youth Privacy. LIS 550, Section B 17 February 2010 Eileen Barnes, Jennifer Hannibal, Rebekah Kamp, Lisa McGreenery , Kathleen Turner, Margarete Walden. Introduction. Definition of Privacy Tension between protecting children from harm and protecting their Constitutional rights

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Youth Privacy

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  1. Youth Privacy LIS 550, Section B 17 February 2010Eileen Barnes, Jennifer Hannibal, RebekahKamp, Lisa McGreenery, Kathleen Turner, Margarete Walden

  2. Introduction Definition of Privacy Tension between protecting children from harm and protecting their Constitutional rights Privacy issues affecting youth generally fall into 3 categories: Education Internet/Technology Health

  3. Family Educational Rights and Privacy Act (FERPA) 1974 Who? FERPA applies to all educational institutions receiving federal funds, both private and public FERPA defines the rights of parents regarding a child’s education records; these rights transfer to the child at age 18 (Education, U. D., n.d.)

  4. Family Educational Rights and Privacy Act (FERPA) 1974 What? Parents have the right to view their child’s educational records Includes directory information, personally identifiable information, disciplinary action taken against the student, and information to teachers/schools who have legitimate educational interest in the behavior of the student (Education, U. D., n.d.)

  5. Family Educational Rights and Privacy Act (FERPA) 1974 What? Schools must inform parents of the types of student information it releases publicly and inform parents of their right to opt out Parents have the right to request accuracy reviews and pursue corrections of educational records (Education, U. D., n.d.)

  6. Family Educational Rights and Privacy Act (FERPA) 1974 What? Schools must have written permission from the parent before releasing any information from a student’s educational records Exceptions: directory information, law enforcement, state of emergency, U.S. Patriot Act, etc. Protection of Pupil Rights Amendment (PPRA) 1978 (Education, U. D., n.d.)

  7. No Child Left Behind Amends the Elementary and Secondary Education Act of 1965 Local education agencies (LEAs) must give military recruiters access to student educational records

  8. No Child Left Behind LEAs must provide military recruiters the same access to secondary school students as they would typically allow postsecondary institutions or prospective employers Parents may opt out of releasing a child’s information

  9. School District Policies & Practices Protection of Human Subjects in Research Columbine and Virginia Tech incidents impacted school privacy culture The Appropriate and Effective Use of Security Technologies in U.S. Schools, authored by the National Institute of Justice “Freedom from unreasonable search and seizure” – Seattle Public School District

  10. Case Study Safford Unified School District v. Redding

  11. Technology and Youth Taken from www.smilespedia.com/.../main/computers_jokes/

  12. Technology and Youth Focus areas: e-mail, IM, cellular phones, sexting, ambient technology, RFID, social networks, enforcement, and resources Fact: 63% of teens say they know how to hide what they do online from their parents (Harris Interactive-McAfee 10/2008)

  13. Technology and Youth Anyone can get an e-mail address. They are private unless the user shares login information. E-mail can be subpoenaed. IM’s aren’t stored on servers, but may be cached on sender and recipient computers. No distinction between youth and adult use of e-mail. Local laws apply.

  14. Mobile Media In 2007, more than 50% of teens aged 13 to 18 in the US had mobile phones (Sultan, Rohm, and Gao, 2009) Personal attachment to a cell phone: representation of self and social acceptance Local norms versus global trends: is there a difference? Case in point: sexting MTV: the world's largest content provider (Klassen 2006 quoted in Sultan, Rohm, and Gao, 2009)

  15. Ambient Intelligence RFID: Radio Frequency Identification Device, a.k.a. the world of Minority Report (Rouvroy 2008) GPS: Do you know where your parent is?

  16. Youth and Technology Do youth care about privacy? Youth in rural Tazmania, Australia are "conservative" in their need for physical private space (Abbott-Chapman and Robertson 2001) The main factor affecting the quality of Internet access by youth was privacy (Skinner, Biscope and Poland 2003)

  17. Youth and Technology We are committed to protecting minors who use Facebook. Until their eighteenth birthday, minors will have their information limited to Friends of Friends and Networks. And minors will know explicitly when they are in contact with someone who is an adult.If you are under age 13, please do not attempt to register for Facebook.

  18. Youth and Technology Anyone can pretend to be a minor. Or an adult. Or over 13. Records released only by subpoena or court order. Fact: 69% of teens regularly receive personal messages online from people they don't know and most don't tell a trusted adult about it. (Cox Communications in partnership with NCMEC and John Walsh, 2007).

  19. Youth and Technology MySpace members must be 13 years of age or older. We take extra precautions to protect our younger members and we are not able to do so if you do not identify yourself as such. MySpace will delete users whom we find to be younger than 13, or those misrepresenting their age to access content or areas they should not. We delete thousands of profiles per week formisrepresenting their age. Users under 18 are automatically assigned a Private Profile. No user can browse for users under 16

  20. Youth and Technology Fact: More than one in 10 students have accepted an invitation to meet an online stranger in person (Rochester Institute of Technology, 2008).

  21. Resources for Youth Education about Internet safety www.commonsensemedia.org/Internet-Safety-High-School-Kids-Tips www.webwisekids.org

  22. Resources for Youth Default protection Example: Facebook "We are committed to protecting minors who use Facebook. Until their eighteenth birthday, minors will have their information limited to Friends of Friends and Networks."

  23. Resources for Parents Second Life for Teens (under 18) www.zoobuh.com: email, instant messaging, and blogs att.com/familymap

  24. Crime Enforcement of crimes committed online is tricky due to poorly-defined jurisdictional boundaries and lack of precedent. One middle school in NJ punished students for making derogatory remarks about another student on FB. What mattered was the harmful nature of the comments to the student and to the entire school community.

  25. Crime If an adult convinces a minor to take sexually explicit photos and share them online, where is the jurisdictional boundary? Where the perpetrator lives, or where the minor lives? Or both? Who decides?

  26. Youth, Privacy, and Technology Do kids care about privacy when using various forms of technology? Do kids know how much control over their own privacy they have when using various forms of technology? What options do parents have to control their own kids' privacy using technology? Who are the stakeholders in developing privacy controls for technology?

  27. Questions for Discussion http://www.webwisekids.org/ As a parent, does this information help you feel safer, or freak you out a little?  As a teen, do you think you even need to worry about this stuff, or do you feel fairly safe already?  For both teens and parents: who should be tasked with teaching teens/preteens about this topic?  Where does that responsibility lie?

  28. Privacy for Youth - Health Matters Taken from www.nytimes.com (Kid’sHealth.org, 2009 & 2010)

  29. Decision Making Authority Parents have legal decision-making authority Do adolescents have moral decision-making authority? Financial decision-making authority (Berlan & Bravender, 2009; LallemontMastroianni & Wickizer 2009; Robertson, 2008)

  30. Age of Consent 18 for most health care matters For certain issues: Reproductive, Mental, Substance Abuse Mature Minor: Age-based vs. Emotional maturity; “evolving capacity” (Bodger, 2006; Ellis, 2009; Kives , 2008; Ringheim, 2007; Robertson, 2008)

  31. Protection of Privacy Why protect privacy of youth? Who benefits? Providers must balance law and patient care (Akinbami, 2003; AMA, 1996; Berlan & Bravender, 2009; CAHL, 2005; PBS, 2005; Ringheim, 2007; Spear & English, 2007)

  32. Sacrifice of Privacy Abusive situations (physical, sexual) Substance abuse Mental illness (DSHS, 2009; Lallemont et al., 2009)

  33. Impact of Information Technology Personal Health Record Genetic Testing Public Health (Bourgeois, et.al., 2008; CMAJ, 2009; CNN 2010; Silversides, 2009)

  34. Case Study Trigg, a 15-year old boy wants to get the Hepatitis B (this is the hepatitis transmitted by bodily fluids) vaccine series and the Human Papilloma Virus (genital warts) vaccine to protect himself. He’s not in a serious relationship at the moment, but he knows a few friends at school who have gotten warts, and they studied Hepatitis in Health class recently. Trigg’s parents chose not to give HepB vaccine at an early age, because they don’t really like the idea of vaccinations. Also, for religious reasons, his parents would thoroughly disapprove of the idea of these particular vaccinations. Trigg is at his pediatrician’s office for his yearly pre-football season check-up. While his parents have stopped coming into the exam room with him, because they “respect his privacy,” they still get the itemized bill. The pediatrician is a “grandfatherly” sort; he treats all kids as if they are very young. Trigg has never felt comfortable confiding in his doctor, but as they live in a small, rural Northwest town with limited health care options, Trigg has no other alternative for receiving the vaccines.

  35. Case Study What should Trigg do? What should Trigg’s pediatrician do if Trigg decides to ask for the vaccines? What should Trigg’s parents do if they see miscellaneous vaccines on the bill?

  36. Healthy Teen Network

  37. References Abbott-Chapman, J. and Robertson, M. (2001). Youth, leisure and home: space, place and identity. Loisir et Société/Society and Leisure, 24, 485 – 506. ACLU of Washington. (2010, February). Issues: student/youth rights. Retrieved from http://www.aclu-wa.org/issues/index.cfm?issue_id=10 ACLU Videos. (2009, April 21). Savana Redding on her Supreme Court case [Video file]. Retrieved from http://www.aclu.org/drug-law-reform/savana-redding-her-supreme-court-case Addington, L. (2009). Cops and cameras: Public school security as a policy response to Columbine. American Behavioral Scientist, 52(10), 1426-1446. Retrieved from Academic Search Complete database. Akinbami, L J., Gandhi, H., & Cheng T. L. (2003). Availability of adolescent health services and confidentiality in primary care practices. Pediatrics, 111(2), 394-401. American Civil Liberties Union. (2009, June 25). U.S. Supreme Court declares strip search of 13-year-old student unconstitutional [Press Release]. Retrieved from http://www.aclu.org/drug-law-reform/us-supreme-court-declares-strip-search-13-year-old-student-unconstitutional American Civil Liberties Union of Pennsylvania. (2009, December). Students privacy rights and school security. Retrieved from http://www.aclupa.org/education/studentsrightsmanual/privacyrights/ American Medical Association. (1996, June). Code of Medical Ethics: Opinion 5.055 - Confidential Care for Minors. Retrieved February 11, 2010, from http://www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medical-ethics/opinion5055.shtml

  38. References Cont. AT&T Intellectual Property. (2009). AT&T FamilyMap. Retrieved February 16, 2010, from https://familymap.wireless.att.com/finder-att-family/welcome.htm Berlan, E. D., & Bravender, T. (2009). Confidentiality, consent, and caring for the adolescent patient. Current Opinion in Pediatrics, 21(4), 450-456. Bodger, J. A. (2006). Taking the sting out of reporting requirements: reproductive health clinics and the constitutional right to informational privacy. Duke Law Journal, 56(2), 583-609. Bourgeois, F. C., Taylor, P. L., Emans, S. J., Nigrin, D. J., & Mandl, K. D. (2008). Whose personal control? Creating private, personally controlled health records for pediatric and adolescent patients. Journal American Medical Informatics Association, 15(6), 737-743. Center for Adolescent Health & the Law. (2005). Policy Compendium on Confidential Health Services for Adolescents, Second Edition. Retrieved February 11, 2010, fromhttp://www.cahl.org/confidentialitypolicycomptoc.htm Cohen, E., Bonifield, J., & Bixler, J. (2010, February 4). The government has your baby’s DNA. Retrieved February 12, 2010, from http://www.cnn.com/2010/HEALTH/02/04/baby.dna.government/?hpt=C1 Common Sense Media Inc. (2010). Internet safety for high school kids tips. Retrieved February 16, 2010, from http://www.commonsensemedia.org/Internet-Safety-High-School-Kids-Tips Cox Communications research, in partnership with the National Center for Missing and Exploited Children (NCMEC) and John Walsh (2007).  Atlanta, GA. Retrieved February 15, 2010, from http://www.missingkids.com/missingkids/servlet/NewsEventServlet?LanguageCountry=en_US&PageId=3166

  39. References Cont. Dark, M. J., Healthy Teen Network. (n.d.). Helping teens stay healthy and safe: health care, birth control and confidential services. Retrieved February 13, 2010, from http://www.healthyteennetwork.org/index.asp?Type=B_PR&SEC={2AE1D600-4FC6-4B4D-8822-F1D5F072ED7B}&DE={F2C2F646-5D43-4F62-B220-8E4D23F5868B} Dickey, S. B., Kiefner, J., & Beidler, S. M. (2002). Consent and confidentiality issues among school-age children and adolescents. The Journal of School Nursing, 18(3), 179-186. Education, U. D. (n.d.). Family Educational Rights and Privacy Act (FERPA). Retrieved February 2, 2010, from http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html Ellis, E. M. (2009). Should a psychotherapist be compelled to release an adolescent’s treatment records to a parent in a contested custody case?. Professional Psychology: Research and Practice, 40(6), 557–563. Feinberg, T. A. (2008, September). Cyberbullying. Principal Leadership, 10-14. Goodloe-Johnson, M. L. (2009). Student rights and responsibilities, p. 4. Retrieved from http://www.seattleschools.org/area/discipline/SRR-English.pdf Green, M. W. (1999). The appropriate and effective use of security technologies in U.S. schools. Retrieved from http://www.ncjrs.gov/school/state.html Harris Interactive Poll conducted on behalf of McAfee, Inc. (2008).  Retrieved February 15, 2010, from http://www.mcafee.com/us/about/press/corporate/2008/20081022_095000_x.html Hildebrand, J. (1991). Is privacy reserved for adults? Children’s rights at the public library. School Library Journal, 37(1), 21-25.

  40. References Cont. Hinduja, S. (2004). Theory and policy in online privacy. Knowledge, Technology and Policy, 17 (1), 38-58. Kidshealth.org.(2009, July). How to talk to your doctor. Retrieved February 12, 2010, from http://kidshealth.org/teen/your_body/medical_care/talk_doctor.html# Kidshealth.org.(2010, January). Your medical record. Retrieved February 12, 2010, from http://kidshealth.org/teen/your_body/health_basics/medical_records.html# Kives, S. L. (2008). Opinions in pediatric and adolescent gynecology. Journal of Pediatric and Adolescent Gynecology, 21, 47-51. Lallemont, T., Mastroianni, A., & Wickizer, T.M. (2009). Decision-making authority and substance abuse treatment for adolescents: a survey of state laws. Journal of Adolescent Health, 44(4), 323-334. Linden Lab. (n.d.). Teen second life. Retrieved February 16, 2010, from http://teen.secondlife.com/ McPherson, C., & Troutner, J. (2007). The ABCs of privacy practices for educators. Learning and Leading with Technology, 35, 24-27. Office for the Protection of Research Subjects. (2008, July). Children & youth. Retrieved from http://research.unlv.edu/OPRS/children-minors.htm Privacy Rights Clearinghouse. (1998, June). Retrieved from http://www.privacyrights.org/ Public Broadcasting System. (2005, December 23). Protecting minors. Retrieved February 11, 2010, from http://www.pbs.org/now/politics/minors.html Ringheim, K. (2007). Ethical and human rights perspectives on providers' obligation to ensure adolescents' rights to privacy. Studies in Family Planning, 38(4), 245-252.

  41. References Cont. Robertson, D. G. (2008). Adolescent consent in reproductive and sexual health decision-making: should there be an arbitrary age of consent or should it be based on the 'evolving capacities of the child'?. Journal of Pediatric Adolescent Gynecology, 21(1), 47-51. Rochester Institute of Technology, Key RIT Cybercrime Research Findings, (2008). Rochester, NY.  Retrieved February 15, 2010, from http://www.rit.edu/news/?r=46201 Rouvroy, A. (2008). Privacy, data protection, and the unprecedented challenges of ambient intelligence. Studies in Ethics, Law, and Technology, 2(1), Article 3. Savage, D. G. (2009, June 26). Strip-search unconstitutional school went too far in looking for drug, court rules. South Florida Sun - Sentinel, A3. Silversides, A. (2009). Privacy concerns raised over "secondary use" of health records. Canadian Medical Association Journal, 18(12), E287. Skinner, H., Biscope, S., and Poland, B. (2003). Quality of internet access: barrier behind internet use statistics. Social Science & Medicine, 57, 875 – 880. Spear S. J., & English, A. (2007). Protecting confidentiality to safeguard adolescents' health: finding common ground. Contraception. 76(2), 73-76. Sultan, F., Rohm, A. J., and Gao, T. (2009). Factors influencing consumer acceptance of mobile marketing: a two-country study of youth markets. Journal of Interactive Marketing, 23, 308 – 320. United States Office of Health and Human Services. (2010, January 15). 45 CFR 46 subpart d. Retrieved from http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.htm#subpartd

  42. References Cont. U.S. Department of Education (2004, September 9). The elementary and secondary education act (no child left behind act of 2001). Retrieved from http://www2.ed.gov/policy/elsec/leg/esea02/index.html Washington State Department of Social and Health Services. (2009, July). Protecting the abused and neglected child: A guide for mandated reporters in recognizing and reporting child abuse and neglect. Retrieved February 11, 2010, from http://www.dshs.wa.gov/ca/pubs/pubcats.asp?cat=Child_Abuse_and_Neglect Web Wise Kids, Inc. (2010). Homepage. Retrieved February 16, 2010, from http://webwisekids.org/ ZooBuh Inc. (2010). Homepage. Retrieved February 16, 2010, from http://www.zoobuh.com/

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