On SSRN: The PII Problem: Privacy and a New Concept of Personally Identifiable Information

by Paul Schwartz University of California, Berkeley – School of Law, and Daniel Solove, George Washington University Law School

Abstract: Personally identifiable information (PII) is one of the most central concepts in information privacy regulation. The scope of privacy laws typically turns on whether PII is involved. The basic assumption behind the applicable laws is that if PII is not involved, then there can be no privacy harm. At the same time, there is no uniform definition of PII in information privacy law.

Moreover, computer science has shown that in many circumstances non-PII can be linked to individuals, and that de-identified data can be re-identified. PII and non-PII are thus not immutable categories, and there is a risk that information deemed non-PII at one time can be transformed into PII at a later juncture. Due to the malleable nature of what constitutes PII, some commentators have even suggested that PII be abandoned as the mechanism by which to define the boundaries of privacy law.

In this Article, we argue that although the current approaches to PII are flawed, the concept of PII should not be abandoned. We develop a new approach called “PII 2.0,” which accounts for PII’s malleability. Based upon a standard rather than a rule, PII 2.0 utilizes a continuum of risk of identification. PII 2.0 regulates information that relates to either an “identified” or “identifiable” individual, and it establishes different requirements for each category. To illustrate this theory, we use the example of regulating behavioral marketing to adults and children. We show how existing approaches to PII impede the effective regulation of behavioral marketing, and how PII 2.0 would resolve these problems.

full text of the article, The PII Problem: Privacy and a New Concept of Personally Identifiable Information by Paul Schwartz, Daniel Solove :: SSRN.

So the infographic is from http://www.lifeinsurancefinder.com.au/  An Australian comparison site for insurance, therefore looking for hits and sales  :) They have a walk through webpage that talks to :

• Digital Privacy After Death - What Will Happen To Your Online Profile When You're Gone?
• Why You Should Get a Digital Will & A Digital Executor
• Personality Predictors + Artificial Intelligence = Digital Resurrections
• What Will Be Determined to be of Digital Importance & How Will it be Preserved?

It is a good resource and well researched and I am delighted that they touched on issues for business owners, however, all Will’s become public at death so please don’t put your identity and passwords in any document.  Further the site does not address the thorny issue of “shared”  accounts. This could be the family email account that is in the name of the person who died.

<br />Produced by Life Insurance Finder

Forrester Research has finally caught up with some future thinking on “personal data management.” In their new report they care to forecast that shifts in the economy will allow consumers to gain control over all of the data available about them online. This will be achieved primarily though the use of “personal data lockers,” or individual repositories where individuals can store and access their data to share and sell with marketers. Currently, the data economy is balanced towards advertising. Often, consumers don’t understand how their data is being tracked, collected, and sold, while those that do understand the complexities of data tracking don’t have the resources to protect their information. - well in simple terms.

There is a perception that as more and more consumers become aware of the significant value created from sharing their data, they will dig in their heels and demand more control over their "personal/ behaviour/ identification information". Rather than slowing the economy, however, this change will further spur the growth of a “privacy economy,” which will empower consumers to engage with companies on their own terms and, with time, give marketers even better and more actionable data. (may be this is one scenario)

So your digital footprint has value and putting it in a locker makes it really easy to steal........