NCJ Number
45206
Journal
LAW AND COMPUTER TECHNOLOGY Volume: 10 Issue: 4 Dated: (4TH QUARTER 1977) Pages: 82-94
Date Published
1977
Length
13 pages
Annotation
THE DEVELOPING FEDERAL RIGHT OF INFORMATION PRIVACY, SEVERAL BASIC POLICY QUESTIONS AT ISSUE, AND IMPLICATIONS FOR BUSINESSES THAT COLLECT AND MAINTAIN PERSONAL DATA ARE EXAMINED.
Abstract
A PRECISE MEANING OF INFORMATIONAL PRIVACY HAS NOT YET EMERGED, BUT THREE GENERAL CONCEPTS DEFINE ITS SCOPE: (1) ONLY CERTAIN INDIVIDUALLY IDENTIFIABLE PERSONAL DATA MAY BE COLLECTED, MAINTAINED, AND USED BY ANY ORGANIZATION; (2) PROPER LEVELS OF CONFIDENTIALITY MUST BE MAINTAINED FOR ALL DATA; AND (3) INDIVIDUAL DATA SUBJECTS SHOULD BE ENTITLED TO CERTAIN DUE PROCESS OR EVEN OWNERSHIP RIGHTS WITH REGARD TO THE PERSONAL DATA PERTAINING TO THEM. PENDING FEDERAL LEGISLATION, SUCH AS THE KOCH-GOLDWATER PRIVACY BILL, CONTAINS PROVISIONS THAT WOULD REQUIRE, AMONG OTHER THINGS, THAT PRIVATE BUSINESSES MAINTAINING PERSONAL INFORMATION SYSTEMS COLLECT ONLY PERSONAL INFORMATION NECESSARY TO ACCOMPLISH A STATED PROPER PURPOSE OF THE ORGANIZATION; COLLECT INFORMATION TO THE GREATEST EXTENT POSSIBLE FROM THE DATA SUBJECT DIRECTLY; MAKE NO DISSEMINATION TO ANY SYSTEM OR INDIVIDUAL OTHER THAN THE DATA SUBJECT UNLESS CERTAIN REQUIREMENTS ARE MET; AND ESTABLISH APROPRIATE SAFEGUARDS TO SECURE THE SYSTEM FROM ANY REASONABLY FORESEEABLE THREATS TO ITS SECURITY. APPLICATION OF THESE CONCEPTS TO ALL FILES AND RECORDS OF ALL ORGANIZATIONS WOULD HAVE AN EXTREMELY ADVERSE AFFECT ON BUSINESS WHILE PROVIDING QUESTIONABLE BENEFITS TO CITIZENS. THERE HAS NOT BEEN A SHOWING OF A VOLUME OF INFORMATION ABUSES THAT WOULD JUSTIFY SUCH SWEEPING FEDERAL LEGISLATION. IT APPEARS THAT COMPREHENSIVE FEDERAL LEGISLATION IS BEING DEVELOPED FROM A CONCERN OVER THEORETICAL ABUSES WITHOUT WEIGHING OFFSETTING FACTORS SUCH AS COST AND PRACTICALITY. SEVERAL POLICY QUESTIONS ARE SUGGESTED, E.G., WHETHER AN EMPLOYEE SHOULD HAVE THE RIGHT TO SEE AND CHALLENGE ALL INFORMATION IN HIS PERSONNEL FILE, AND WHAT DEGREE OF SECURITY IS NECESSARY TO PROTECT PERSONAL DATA FROM UNAUTHORIZED PERSONS. IT IS URGED THAT PRIVATE BUSINESSES AND ORGANIZATIONS PARTICIPATE ACTIVELY IN THE DEVELOPMENT OF INFORMATIONAL PRIVACY LEGISLATION.