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IP: ISPI Clips 6.03: Privacy Here and Abroad
From: "ama-gi ISPI" <[email protected]>
Subject: IP: ISPI Clips 6.03: Privacy Here and Abroad
Date: Sun, 1 Nov 1998 00:06:37 -0800
To: <[email protected]>
ISPI Clips 6.03: Privacy Here and Abroad
News & Info from the Institute for the Study of Privacy Issues (ISPI)
November 1, 1998
[email protected]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This From: The Washington Post, Saturday, October 31, 1998; Page A16
http://www.washingtonpost.com
Privacy Here and Abroad
http://search.washingtonpost.com/wp-srv/WPlate/1998-10/31/083l-103198-idx.h
tml
CONCERN OVER the privacy of personal data is sharpening as the problem
appears in more and sometimes unexpected contexts -- everything from
employer testing of people's genetic predispositions to resale of their
online reading habits or their bank records. When the data are medical or
financial, everyone but the sellers and resellers seems ready to agree that
people should have some measure of control over how and by whom their data
will be used. But how, other than piecemeal, can such control be
established, and what would a more general right to data privacy look like?
One approach very different from that of the United States, as it happens,
is about to be thrust upon the consciousness of many American businesses as
a European law called the European Union Data Privacy Directive goes into
effect. The European directive has drawn attention not only because the
European approach to and history on data privacy are sharply different from
our own but also because the new directive comes with prohibitions on
export that would crimp the options of any company that does business both
here and in Europe.
The directive imposes sweeping prohibitions on the use of any personal data
without the explicit consent of the person involved, for that purpose only
(repeated uses or resale require repeated permission) and also bars
companies from exporting any such data to any country not ruled by the EU
to have "adequate" privacy protection measures already in place. The
Europeans have not ruled the United States "adequate" in this regard -- no
surprise there -- though individual industries may pass muster or fall
under special exemptions.
That means, for instance, that multinational companies cannot allow U.S.
offices access to personnel data on European employees, and airlines can't
swap reservations data without restrictions. More to the point, they can't
share or sell the kinds of data on customers that in this country are now
routinely treated as another possible income stream. Would such restraints
be a boon to customers on these shores too? Or will Americans, as the data
companies frequently argue, find instead that they want the convenience and
"one-on-one marketing" that this constant dossier-compiling makes possible?
In one early case, a U.S. airline is being sued in Sweden to prevent its
compiling and selling a database of, for instance, passengers who requested
kosher meals or wheelchair assistance on arrival from transatlantic
flights. Do customers want the "convenience" of this kind of tracking, and
if not, how might they -- we -- avoid having it offered? The contrast
between systems is a chance to consider which of the many business-as-usual
uses of data in this country rise to the level of a privacy violation from
which citizens should be shielded by law.
� Copyright 1998 The Washington Post Company
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