PRIVACY LEGISLATION

 

"Privacy is a fundamental human right recognized in all major international treaties and agreements on human rights.  Nearly every country in the world recognizes privacy as a fundamental human right in their constitution, either explicitly or implicitly." Global Internet Liberty Campaign [1]  

Introduction

Although our US Constitution does not outline a specific right to privacy, some privacy rights have been defined via Court decisions.  No one could disagree that the protection of our privacy is an important issue.  US Lawmakers are frantically trying to propose legislation to deal with the new privacy issues that technological innovations have created.  It takes time to pass such proposals.  These laws must be carefully crafted to insure that our privacy is truly guarded.  If not appropriately worded, and deeply and thoughtfully considered, the laws themselves could end up encroaching on privacy rights!

As examples, both CDA (Communications Decency Act of 1995) and COPA (The Children's Online Protection Act enacted in 1998) were attempts to "do the right thing" and put some protection in place for children.   The passage of CDA was trumpeted by conservatives as a "first step" in protecting children from harmful web content.   Libertarian's strongly disagreed.  The Citizen's Internet Empowerment Coalition challenged on grounds that it violated the constitutional right to free speech on the internet.  Three federal judges in Pennsylvania unanimously agreed and granted the CIEC's request for a preliminary injunction against CDA.   COPA is undergoing the same sort of debate.  In January 1999, a federal judge ruled that COPA violates the constitutional right of Americans to free speech and fails to protect children.  Thus is the path of good intentions.

The US is not alone in its attempts to enact legislation to protect privacy.  Over 40 countries and jurisdictions are working to enact laws.  These laws attempt to address past governmental abuses, promote commerce, and deal with the increasing erosion of our privacy rights due to new technologies.  As new uses for technology are invented, new laws must be considered to deal with them.  The gamut of these topics ranges from genetic databases to video surveillance!!  [2]

Many organizations have websites with legislative tracking of key issues.  Privacy is such an important issue that it has its own category on many of these legislative status webpages.  Several proposals are currently making their way through the system.   The status of each changes daily.   Some bills have been referred to committees for further discussion and review, some have been amended and continue to be debated.  For many bills, these processes will eventually "kill" it.  It is difficult to predict which legislation will successfully navigate these waters.

Any of the following websites can inform you of the current topics being debated by your representatives in government:

• Electronic Privacy Information Center (EPIC)           www.epic.org/privacy/bill_track.html
• American Civil Liberties Union (ACLU)             www.aclu.org/issues/privacy/hmprivacy.html

or

• American Conservative Union (ACU)   www.conservative.org/_private/aculegislativehotissues.htm
• The Conservative Caucus                           www.conservativeusa.org/action.htm
• Thomas Legislative Information on the Internet   http://thomas.loc.gov/home/thomas.html
  

Some current topics and bills proposed (as of April 1999):

financial

• Banking/Financial Services -  prevent info from being gathered under false pretenses
• Prohibit a mortgage lender from getting unlimited access to borrower's tax return info
• require credit agencies to provide 1 free report each year to all consumers
• require banks to enhance surveillance around ATM's
• require FDIC to set privacy rules
• prohibit implementation of "Know Your Customer" rules

social security numbers

• Voter integrity -  require voters to provide their Social Security number
• Social Security Number Protection / Disclosure
• National ID Card for employment verification /     BOTH    FOR and AGAINST

Safety

Personal privacy -  Stalkerazzi

medical issues

• Drug testing
• prohibit Health insurance discrimination on basis of genetic info
• Deal with closed health care facilities information
• Records - allow patient access/protect confidentiality

children issues

• Require filters on Internet connected computers in schools and libraries
• Prohibit sale of kid info without parental consent
• New parent/child communication privilege -- to prevent use in court case
• Create a new Child Cybersmuggling Center of the Customs Service - protect kids from on-line predators and exploitation

electronic gadgetry

• Cell phones / scanners   -   prohibit interception
• expand legal authority to authorize broader use of clone pagers

Educational Ramifications - What does this mean for education?

As educators, working within the guidelines of governmental authority, we must be aware of those issues being debated.  For example, the proposed law requiring filters in schools and libraries would directly affect teachers in the school systems.  We owe it to ourselves, and our students, to be actively involved in the formation of legislation that will impact the way we use the information highway, and how it uses us!!

Web Resources

[1]  Global Internet Liberty Campaign's    Privacy and Human Rights: An International Survey of Privacy Laws and Practice ,   Authors include:  David Banister (EPIC), Simon Davies (PI)  et. al.

[2]   GILC's, Privacy and Human Rights: An International Survey of Privacy Laws and Practice

***Norris,  Dr. Malcolm O.,  Privacy and the Legal Aspects of the Information Superhighway

***Center for Democracy and Technology's,  Legislation Affecting the Internet latest update March 1999.

*** links weren't working on 4/20/99