Privacy and Public Policy

While not expressly written in the Constitution nor any amendments, we, as citizens of the United States of America, have an inherent right to privacy. The framers clearly understood the need for privacy, where the need for anonymity at that time was also a matter of life or death. They also understood the power of information. Thomas Jefferson is credited with saying “[i]nformation is the currency of democracy.” In fact, information is power.

We are in an age where information is no longer constrained by physical borders. The advent of the internet has been accompanied by swift changes in available technologies. These advances have made it possible to collect and share detailed information easily. With the simple click of a mouse, an immense amount of information is readily available at your fingertips. With a gentle tap, an equally immense amount of private information can be skimmed and copied without your knowledge.

Businesses can act to protect privacy in a variety of ways. First, business must recognize the importance of an individual’s privacy. Further, they must be willing to invest in the protection of privacy for both consumers and employees. The establishment of corporate and corporate-wide accountability for privacy and security is crucial. A Chief Privacy Officer should be appointed and a privacy policy and employee training program created. Business should know what private information is contained in their files and computers, collecting and keeping only information needed. Any information no longer needed should be removed and properly disposed of. Implement policies which ensure accuracy of information and a vehicle for correction. Identify areas, computers, and/or servers where sensitive information is stored. Safeguards, such as data encryption, should be used to protect all sensitive information which is kept. The privacy policy of the company should include a plan to respond to security incidents. Companies should establish on-going self-assessments and continuous best practice reviews.

It is assumed the Constitution provides individuals with a right to privacy as part of the Fourth Amendment. However, this is not true. The right itself is assumed. Based on historical experience, in 2004 most Americans did not believe the government would protect their privacy. Today, the National Security Agency, Central Intelligence Agency, and Department of Justice continue to rank as some of the least trusted federal agencies with respect to the safeguarding of private and personal information.

I feel the first step the government should take in protecting privacy is enacting legislation which definitively recognizes privacy rights of individuals. Further, teeth must be given to the legislation when violations occur. Current entities, such as the Privacy and Civil Liberties Oversight Board, and future oversight entities must be given the authority to investigate, subpoena, and penalize entities, including branches within the government, which violate individual rights to privacy.

Simply enacting legislation and trusting our government to protect our privacy is a very dangerous notion. Just ask the Japanese Americans forced into internment camps during World War II. According to research, they were selected using Census Bureau data - data whose intended use was far different than its application.

In his lecture on March 18, 2008, Doug Curling, CEO of ChoicePoint, stated, “all the lines are fuzzy and all the containers leak.” At the end of the day, each one of us must actively participate in protecting and ensuring our own privacy. How? Here are some steps individuals should follow in protecting personal information:

1. Be responsible. Request and read privacy policies for the institutions you do business with. Consider the information you publish about yourself on the internet.

2. Ask