PRIVACY LAW

Justin Ellsworth's Case

Justin Ellsworth's Case

Law of Privacy

Privacy is a complex of social norms, laws, and regulation. It has proven particularly hard to codify privacy because it is both individual and circumstantial in nature, but it can generally be described as the desire for individual control over who obtains information about oneself and how that information is used.

There is a generally held feeling that all members of society have a right to privacy, but this right may not have constitutional support. In the USA, privacy is not mentioned in the constitution, although courts have at times interpreted the first, fourth and fifth amendments to include some rights pertaining to privacy (Solove, 2008). The 1948 Universal Declaration of Human Rights specifically mentions privacy in Article 12: “No one should be subjected to arbitrary interference with his privacy, family, home, or correspondenc” Some more recent constitutions (e.g. Hong Kong, Malawi) include a similar right to privacy in relation to search or intrusion, but generally these are silent on the particular question of data privacy, which is one of the main issues in the concern about the impact of computers on privacy.

Computers and Privacy

Computer technology can affect privacy in a number of ways. First, computers allow the storage of masses of seemingly small bits of information about individuals over long periods of time. Techniques like data mining permit the analysis and use of this information in new and unanticipated ways. Second, previously separate databases of information gathered for unrelated purposes can be combined, creating a more revealing picture of individuals and their habits. Modem computing power permits the use of new technologies like biometrics, which use actual biological characteristics such as retinal scans, handprints and fingerprints. Biometric identification is designed to eliminate identity fraud but may also reduce the number of situations in which a person can act anonymously. These technologies and others can be used to trace an individual's physical location even without that person's knowledge, and thus increase the potential power of systems used for surveillance.

Data Privacy

Data privacy has been considered a basic human right for a number of decades. United Nations Resolution 45/95 of 14 December 1990, entitled “Guidelines for the Regulation of Computerized Personal Data Files.” recommends that each nation develop regulations that require fairness, accuracy and transparency of data files, as well as a ban on using collected data for discriminatory purposes. Guidelines of the Organization for Economic Cooperation ...