A

Privacy

Concern over personal privacy has risen as a result of two areas of development in computing and related technologies. First, databases used as surveillance tools for gathering, storing, and disseminating personal information have stirred fears that privacy is being eroded. This type of concern for privacy is known as information privacy. Second, vastly expanded communications abilities, including electronic mail and wireless communications networks, have raised questions about the appropriate degree of privacy for these new forms of communications. This type of concern for privacy is known as communications privacy. This article will focus mainly on information privacy.

The practice of collecting, recording, and storing personal data began long before the advent of computers. For example, the Domesday Book was a written record of a census and survey of English landowners and their property made by the order of William the Conqueror in 1085. However, computers greatly expanded the capacity and ease of data collection. This led to further uses of personal information and the need to collect more data. The U.S. government was among the first to take advantage of such technology. A variety of government functions such as taxation, social welfare, crime prevention, national security, and immigration greatly rely on information about citizens. As such, they require efficient communications, exchange, and access to information. Also, the government was a leader in the use of computerized databases because it could afford the computing power, which was initially very expensive and required expert management.

An example of a government computer database is the Federal Bureau of Investigation (FBI) National Crime Information Center (NCIC) database. Established in 1967, NCIC allows law enforcement agencies around the country to enter and share information in order to catch criminals. Although the NCIC has been praised by police officers, it has been criticized by privacy advocates and civil libertarians. They argue that the uncontrolled entry and use of data in the system, and the ease of access by both law enforcement agencies as well as non-criminal justice agencies, provide many opportunities for abuse of police power and privacy, as well as errors in content.

Besides power abuse and privacy invasion, other objections to government databases include: 1) that people whose records are accessed are not informed; 2) that the traditional presumption of innocence is replaced by a presumption of guilt if government agencies can search through huge amounts of information to find people who seem suspicious for any reason; and 3) that the Fourth Amendment, which requires the government to have probable cause or a warrant to search and seize materials from homes and businesses, is being challenged since the government needs neither criteria to search government-created computerized databases.

With the decrease in cost and size of computer equipment, and the increase in the amount of mass-produced consumer software including powerful database programs, a new demand for personal databases emerged from a different sector of society, namely the private sector. In an age where micromarketing is rapidly becoming the norm, the value of information increases as decision-makers find new ways to use data for strategic advantage. Companies must store and share information about individuals before conducting telemarketing campaigns or selected mailings.

The following are some examples of how the private sector is using consumer data stored in their databases for marketing purposes. American Express mines 500 billion bytes of data on how customers have spent more than $350 billion since 1991. The company then sends discount coupons and special promotions for the specific stores where customers shop. Blockbuster Entertainment Corporation uses video rental histories to generate specialized lists of recommended movies that are mailed to customers. Long-distance telephone companies use lists of subscribers to foreign-language newspapers to find potential customers for special telephone service deals. Once potential customers have been identified, the companies mail advertisements to them in the customer's native language.

One objection concerning the collection and use of such consumer data is that, in many cases, consumers are not aware of this activity. Therefore, the consumer has no opportunity to agree or disagree to the use of this information. The second grievance lies in secondary use—the use of information for a purpose other than originally intended. Most people do not object when businesses use in-house lists to send advertisements or special offers to their own customers. However, many people do mind if information collected by one business or organization is shared with or sold to another without their knowledge or consent.

Computer databases can undoubtedly help both businesses and consumers, but distribution, leakage, and various specific uses of the information by corporations or government agencies can have detrimental effects. The question is, how much risk are we willing to accept in exchange for convenience and the availability of useful information? Also, how can we reduce the risks while still receiving the benefits?

A number of efforts have begun to redress the privacy problem in the United States. First, there is legislation such as the Electronic Communications Privacy Act of 1986, the Computer Security Act of 1987, the Computer-Matching and Privacy Protection Act of 1988, and the Health Insurance Portability and Accountability Act of 1996. Second, industry can voluntarily comply with recommendations such as the posting of privacy policy statements on their web sites. Finally, privacy can be protected through the use of special technologies such as encryption products like the Anonymizer and Pretty Good Privacy, and by disabling the cookie on web browsers.

Other suggested means include establishing a privacy commission to oversee privacy protection at the state and federal levels, such as exists in Canada. Another possibility is to invest individuals with property rights over personal information, thereby shifting the burden from the individual to prove why he or she considers the use of the information undesirable, to the collectors and disseminators, who would need to prove that their actions neither harm nor violate the individual's privacy. These remedies may come about if the public voices its concerns to the authorities. As noted in The Intruders: The Invasion of Privacy by Government and Industry, Sen. Edward Long (R-Mississippi) once pointed out: "Privacy is necessary to the development of a free and independent people. To preserve this privacy, our national lethargy and lack of knowledge must be countered." He added: "People must be made to realize that, little by little, they are losing their right to privacy. Once they become aware of this, I think they will shake off their apathy and demand action. Then, and only then, will we get strong legislation to protect a reasonable amount of our right to be left alone."