What They Do Know Can Hurt You | The Nation


What They Do Know Can Hurt You

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How can we keep technology and the free market from killing our privacy? One way is by being careful and informed consumers. Some people have begun taking simple measures to protect their privacy, measures like making purchases with cash and refusing to provide their Social Security numbers--or providing fake ones. And a small but growing number of people are speaking out for technology with privacy. In 1990 Lotus and Equifax teamed up to create a CD-ROM product called "Lotus Marketplace: Households," which would have included names, addresses and demographic information on every household in the United States, so small businesses could do the same kind of target marketing that big businesses have been doing since the sixties. The project was canceled when more than 30,000 people wrote to Lotus demanding that their names be taken out of the database.

This article is adapted by permission from Database Nation: The Death of Privacy in the 21st Century (O'Reilly).

About the Author

Simson L. Garfinkel
Simson Garfinkel is a columnist for the Boston Globe and a fellow at the Berkman Center for Internet and Society at...

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Instead of being used to track boots and books, these systems could be used to track us.

Similarly, in 1997 the press informed taxpayers that the Social Security Administration was making detailed tax-history information about them available over the Internet. The SSA argued that its security provisions--requiring that taxpayers enter their name, date of birth, state of birth and mother's maiden name--were sufficient to prevent fraud. But tens of thousands of Americans disagreed, several US senators investigated the agency and the service was promptly shut down. When the service was reactivated some months later, the detailed financial information in the SSA's computers could not be downloaded over the Internet.

But individual actions are not enough. We need to involve government itself in the privacy fight. The biggest privacy failure of the US government has been its failure to carry through with the impressive privacy groundwork that was laid in the Nixon, Ford and Carter administrations. It's worth taking a look back at that groundwork and considering how it may serve us today.

The seventies were a good decade for privacy protection and consumer rights. In 1970 Congress passed the Fair Credit Reporting Act, which gave Americans the previously denied right to see their own credit reports and demand the removal of erroneous information. Elliot Richardson, who at the time was President Nixon's Secretary of Health, Education and Welfare, created a commission in 1972 to study the impact of computers on privacy. After years of testimony in Congress, the commission found all the more reason for alarm and issued a landmark report in 1973.

The most important contribution of the Richardson report was a bill of rights for the computer age, which it called the Code of Fair Information Practices. The code is based on five principles:

§ There must be no personal-data record-keeping system 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 misuse of the data.

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