The Practitioner's Guide to Biometrics

Front Cover
American Bar Association, 2007 - Law - 224 pages
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"In 2005, 20 different states and the City of New York followed California's lead and passed laws seeking to require entities collecting or storing personally identifiable information to notify the subjects if unauthorized third parties gain access to that information. There are now 21 different state laws on the subject, many with very different requirements. Federal legislation is hoped for, but passage of broadly preemptive federal legislation is far from certain. This book provides comprehensive guidance to all 21 state legislative efforts at breach notification statutes, categorizes the various aspects of such statutes and specifically describes how each different state deals with each aspect. It points out the similarities and differences of each state law. The approach is simply a detailed summary of each different legislative scheme. This is a reference for anyone dealing with data breach notification issues."--BOOK JACKET.
 

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Contents

Introduction
1
A What Are Biometrics?
2
B Biometrics Are Not a Silver Bullet to Combat Terrorism or Identity Theft
3
1 Physiological Biometrics
4
2 Behavioral Biometrics
5
1 Identification
6
F Biometrics in Use Today
7
3 Border Control and Immigration
8
4 Materiality Theory
103
6 Prohibition of Discrimination
104
8 Biometrics and the Concept of PrivacyEnhancing Technologies
105
IX Biometrics and Border Control
106
B Biometrics with Regard to Personal Documents in Germany
109
2 Data Protection and Security Provisions with Biometric Enhanced Personal Documents
111
X Authenticity in Legal Transactions Through Biometric Actions
112
A Functions of the Written Form and Importance of Handwritten Signature
113

5 Government Benefits
9
II Advantages of Biometrics
10
III What Has Driven Recent Increases in the Use of Biometrics?
11
B Increased Supply of Biometrics
12
B The Threat of a Stolen Biometric Has Been Exaggerated
13
2 Privacy Concerns Are Directly Proportional to Database Linkage and Interoperability
15
Rethinking Data Protection Regimes to Enable Global Tracking and Prosecution of Terrorists
19
II Use of Biometrics as a Means of Identifying Terrorists
21
A Biometrics Are the Most Accurate Form of Identification
22
C Biometrics Will Enhance Security
23
E Linked Databases Will Help Fight Terrorism
24
F Biometrics Will Enable Security Gains Without Compromising Privacy Rights
25
1 Biometrics Will Help Combat Identity Theft
26
3 Biometrics Can Be Used as Identification Tools for Law Enforcement and Intelligence Agencies
27
A The EU Should Amend Article 26s Public Interest Exemption
29
2 Political Disagreements Hinder Data Sharing Between EU Members and the United States
30
B The EU Should Expand Article 25s Safe Harbor Exemption Benefits to Apply to Financial Institutions
31
2 Intelligence and Law Enforcement Agencies Will Increasingly Rely on PrivateSector Data Collection
32
IV Conclusion
33
United States Visitor and Immigrant Status Indicator Technology Program
37
II Persons Subject to USVISIT
38
III USVISIT Procedures
39
A Visa Application
40
B Entry Procedures
41
IV Goals of USVISIT
42
V Choice of Biometric Identifiers
43
VI How the Data Is UsedPrivacy Issues
44
VII Conclusion
45
Biometrics and National Identification Cards
49
II Worldwide Use of National Identification Cards
50
C China
51
III Integration of Biometrics into National Identification Cards
52
A Countries Using Biometrics In Their National Identification Card Schemes
53
A Case Study
54
ePassport
55
1 The United States
56
2 The United Kingdom
57
3 Canada
58
A Privacy
59
B Function Creep
60
C Discrimination
61
Do Biometric Identifiers Make Us Safer?
67
II Effectiveness of Various Biometric Systems in Practice
69
B Fingerprint Recognition
71
C Hand Geometry
72
D Iris Recognition
73
E Retina Recognition
74
G Signature Recognition
75
IV Conclusion
76
Theft of Biometric Data Implausible Deniability
79
Biometric Authentication from a Legal Point of View A European and German Perspective
87
II The Different Aspects of Biometrics
88
III Interoperability by Standardization
89
IV Process of Biometric Identification
90
V Data Security through Biometrics
92
VI Security of Biometric Systems
93
VIII Implications of Data Protection to Biometrics
94
A Legal Framework for Data Protection in the European Union
95
2 Core Values of the EC Data Protection Directive
97
B Data Protection in Germany Relating to Biometrics
99
2 Biometric Data as Personal Data According to German Data Protection Law
100
3 Purpose Limitation
102
B Peculiarities of Electronic Documents
115
C Certainty of Evidence Obtained Through a Signature in the Declaring Persons Own Hand
118
D Biometric Methods and Legal Proof
120
E Facilitated Proof in the Use of Biometrics
121
XI TrustBuilding Options in the Law
127
XII Employee Data Protection
129
XIII Outlook
131
Biometrics in the Private Sector Trends and Case Studies
139
II Network and Physical Access Security
140
III Biometric Payment Systems
141
IV Personal Data Protection
142
V Travel
143
VII Standards and Commercial Adaptation
144
The Application of Biometrics to Payment Verification
147
II How Biometric Technology Can Be Used to Verify Payments
149
B Check Cashing
151
A Increased Sales
152
2 Faster Transaction Time
154
3 More Effective Customer Loyalty Programs
155
1 Lower Transaction Costs
156
2 Fewer Instances of Fraud
157
IV Current Implementation of Biometric Payments in the Retail Sector
158
V Conclusion
159
Biometrics and Digital Rights Management
163
A Creating and Using an Identity Database
164
C OnetoMany Matching
165
II Fraud Will Not Be Eliminated Through Use of Biometrics
166
B It Is Too CostProhibitive to Use Biometrics on a Wide Scale
167
D Collection of Information Creates New Threats to Privacy
168
3 Increasing the Speed of Biometric Systems Can Introduce Error
169
IV Digital Rights Management and Privacy
170
V US Law and Tradition Have Protected Privacy of Media Consumers
172
Unintended Consequences of Biometrics
175
II What Are Companies Measuring?
177
III Why Is Biometric Information Collected?
179
A Security Influence
180
1 Positive Influence
181
2 Negative Influence
182
Positive or Negative Influence?
183
C Government
185
IV Current Trends That Will Predict the Future
186
B American Privacy Model
187
C Privacy and Security Practices
188
D Law Enforcement and the Constitution
190
E Proposals Affecting Biometrics
191
F Business and Biometrics
192
G Is the Legal System Ready?
193
V Living on the Fault Line Biometric Issues That May Arise
195
A Acceptance of Biometric Standards
196
1 De Facto Standards versus Chosen Standards
198
B Evidentiary and Procedural Issues
199
C Database Issues
200
1 Metabases Government Participation
201
3 Nonpermissive Bleeding
202
D Growth of Legal Protections
203
E Government ID CardsDefault Cards
205
1 Notification
208
2 Privacy Policy
209
4 Reminders
210
7 Extension
211
VI Summary
214
Copyright

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