Книга: Code 2.0

(2) The Process to Protect Privacy

(2) The Process to Protect Privacy

The most significant normative structure around privacy practices was framed more than thirty years ago by the HEW (Health, Education, Welfare) Advisory Committee on Automated Data Systems. This report set out five principles that were to define the “Code of Fair Information Practices[42]”. These principles require:

There must be no personal data record-keeping systems whose very existence is secret.

There must be a way for a person to find out what information about the person is in a record and how it is used.

There must be a way for a person to prevent information about the person that was obtained for one purpose from being used or made available for other purposes without the person’s consent.

There must be a way for a person to correct or amend a record of identifiable information about the person.

Any organization creating, maintaining, using, or disseminating records of identifiable personal data must assure the reliability of the data for their intended use and must take precautions to prevent misuses of the data.

These principles express important substantive values — for example, that data not be reused beyond an original consent, or that systems for gathering data be reliable — but they don’t interfere with an individual’s choice to release his or her own data for specified purposes. They are in this sense individual autonomy enhancing, and their spirit has guided the relatively thin and ad hoc range of privacy legislation that has been enacted both nationally and at the state level[43].

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