The fields of law and computer science incorporate contrasting notions of the privacy risks associated with the analysis and release of statistical data about individuals and groups of individuals. Emerging concepts from the theoretical computer science literature provide formal mathematical models for quantifying and mitigating privacy risks, where the set of risks they take into account is much broader than the privacy risks contemplated by many privacy laws. An example of such a model is differential privacy, which provides a provable guarantee of privacy against a wide range of potential attacks, including types of attacks currently unknown or unforeseen. The subject of much theoretical investigation, new privacy technologies based on formal models have recently been making significant strides towards practical implementation. For these tools to be used with sensitive personal information, it is important to demonstrate that they satisfy relevant legal requirements for privacy protection. However, making such an argument is challenging due to the conceptual gaps between the legal and technical approaches to defining privacy. Notably, information privacy laws are generally subject to interpretation and some degree of flexibility, which creates uncertainty for the implementation of more formal approaches. This Article articulates the gaps between legal and technical approaches to privacy and presents a methodology for rigorously arguing that a technological method for privacy protection satisfies the requirements of a particular law. The proposed methodology has two main components: (i) extraction of a formal mathematical requirement of privacy based on a legal standard found in an information privacy law, and (ii) construction of a rigorous mathematical proof for establishing that a technological privacy solution satisfies the mathematical requirement derived from the law. To handle ambiguities that can lead to different interpretations of a legal standard, the methodology takes a conservative “worst-case” approach and attempts to extract a mathematical requirement that is robust to potential ambiguities. Under this approach, the mathematical proof demonstrates that a technological method satisfies a broad range of reasonable interpretations of a legal standard. The Article demonstrates the application of the proposed methodology with an example bridging between the requirements of the Family Educational Rights and Privacy Act of 1974 and differential privacy.
We present a new algorithm for locating a small cluster of points with differential privacy [Dwork, McSherry, Nissim,and Smith, 2006]. Our algorithm has implications to private data exploration, clustering, and removal of outliers. Furthermore, we use it to significantly relax the requirements of the sample and aggregate technique [Nissim, Raskhodnikova,and Smith, 2007], which allows compiling of "off the shelf" (non-private) analyses into analyses that preserve differential privacy.
Increasingly, governments and businesses are collecting, analyzing, and sharing detailed information about individuals over long periods of time. Vast quantities of data from new sources and novel methods for large-scale data analysis promise to yield deeper understanding of human characteristics, behavior, and relationships and advance the state of science, public policy, and innovation. At the same time, the collection and use of fine-grained personal data over time is associated with significant risks to individuals, groups, and society at large. In this article, we examine a range of longterm data collections, conducted by researchers in social science, in order to identify the characteristics of these programs that drive their unique sets of risks and benefits. We also examine the practices that have been established by social scientists to protect the privacy of data subjects in light of the challenges presented in long-term studies. We argue that many uses of big data, across academic, government, and industry settings, have characteristics similar to those of traditional long-term research studies. In this article, we discuss the lessons that can be learned from longstanding data management practices in research and potentially applied in the context of newly emerging data sources and uses.