Willis H. Ware
1. Introduction
2. Historical Development
3. United States Posture
4. Source of the Problem
5. Privacy as a Public Policy Issue
6. Contemporary Privacy
6.1 Current Example
7. Public Policy Again
7.1 An Illustration – CNI
8. The Broadened Public Issue
9. Possible Approaches to Protection
10. Related Effects
11. Privacy as Social Equity
12. New Privacy Versus Old
13. Context for New Privacy
14. Privacy Versus Public Distaste
15. The Future for Privacy
16. References
Look what has happened. In privacy of old, there was an implicit public policy
that the government could use personal information so long as the data subject
knew it and so long as there was no abuse or discrimination. Private industry
operated in the shadow of the government’s unstated policy.
Now, it is not abuse that is the whole issue; it is also use per se, perhaps
even use without consideration of abuse. Typically the data subject does not,
probably cannot, know of specific uses except inferentially or implicitly through
consequence. Some organizations offer a so-called “opt-out” feature
whereby one’s name is assertedly removed from a list before it is sold.
But it would be a full-time job for anyone to stay off all the lists that exist.
Among other things, every transaction with a mail-order firm puts a name back
into circulation. There is no such thing as permanently staying off lists.
We knew where to look for the abuse problems: either the government or a few
industries that had been targeted by law. It has become questionable whether
the government is still the prime concern in the game of privacy.
Assuredly, the practices of government have changed somewhat, most notably the
explicit and sanctioned matching of computer records. Even there, though, we
have a law – which amounts to a privacy law – for the proper conduct
of such events. Checks and balances are in place, perhaps not perfect, but at
least there is some monitoring and oversight.
The private sector practices have broadened and matured extensively and generally
without oversight, public outcry, or even visible publicity except in a very
few cases. Checks and balances are not explicitly in place; there is no law.
The private sector is increasingly exploiting personal information without regard
to, or awareness of, broader implications or consequences. The industry trafficking
in information about people is constrained only by its own sense of ethics and
morality; sometimes, perhaps often, the lure of new revenue or good profits
will outweigh the cautions and socially responsible judgment. Companies are
generally doing as they wish, constrained only by their own sense of propriety
and social obligation, and by the risk of offending the social conscience. If
there has been no explicit public policy guiding the government use of personal
information, even less so is there any for private sector use.
Go to: 7.1 An Illustration – CNI
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