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The concept of privacy, its value, and the impact of computers on privacy. It discusses various incidents of privacy invasions throughout history and the legal foundations of privacy. The text also covers the storage and accessibility of personal information in both government and private databases, as well as the challenges of protecting privacy in the digital age.
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California 1978: "undesirable tenants" list ! 1983- IRS begins to use marketing data totarget audits; in 1993, they examined cashtransaction data for 2 million taxpayers ! 1988: Norway installs first automated tollsystem with stored info
Privacy is not universally valued. It isconsidered important in Western democraticsocieties. ! C. Fried: Privacy is required to achieve otherends. (e.g., friendship, love) ! J. Rachels: Privacy is important to maintain adiversity of relationships (The more I reveal, the more intimate the relationship is)
Privacy may be crucial for democracy andfreedom (Johnson)
First Amendment
Freedom of religion, speech, press, peaceableassembly ! Fourth Amendment - No unreasonable search and seizure (searchwarrants; no phone taps without warrant) ! Fifth Amendment - A person may not be compelled to testify againsthimself or be deprived... Without due process.
Johnson says that people have been collectingpersonal information about others for centuriesif not millennia. Why is privacy such a concernall of a sudden?
Personal information is anything kept associatedwith your personal identity ! Have been kept on paper before the advent of thecomputer; e.g., the East German Stasi
secret police, had files on 6 million people (about 1 in 3 adults) before the fall of the Berlin Wall ! Much more extensive files, with much morepotential for abuse, with computerized data bases:they are “changing the fabric of our lives”
Government Databases:
Birth Marriage and Death data - Educational records (Schools, including psychologicaltesting results) - Police (arrests, convictions, warrants, etc.) - IRS (earnings, taxes) - Motor vehicles (ownership, accidents) - Books checked out of libraries - Medical records covered by Medicare or armed services
Where isn’t the info?! ! Private/Corporate databases:
Financial (banks, credit cards, loans, purchases) - Medical records (insurance companies) - Subscription and membership lists - Video rental records, books purchased, telephonerecords - Employment files, airline travel records
Many computer applications not protected byexisting laws-- e.g., Email not given protectionof surface mail or even telephone ! Social security number as “de facto” nationalidentifier; with various degrees of difficulty,anybody who knows your name and socialsecurity number can get almost anything outof these data bases, or commit fraud usingyour identity.
The Common Law
Privacy rights were already discussed in the 19thcentury, in the US. ! The Constitution - Makes no specific provisions for privacy ! Federal and State Statutes - Some contradict each other in their approach toprivacy.
Privacy Laws Affecting Private Institutions ! Fair Credit Reporting Act, 1970 ! Family Education Rights and Privacy 1978 ! Privacy Protection Act, 1980 ! Cable communications Policy Act, 1984 ! Video Privacy Protection Act, 1988 ! Medical records privacy protection act (1996)
The purpose of this act is to provide certainsafeguards for an individual against aninvasion of personal privacy by requiringfederal agencies, except as otherwise providedby law to: