What Tim and Declan said. Historically, I think, third-party (3P) "notice" reflects concern about the accuracy of files held by others and their accountability. Much '74-era privacy talk was about 3Ps like credit issuers making decisions about you based on incorrect information. Notice would help you see and correct the files on you. Look at the report done on personal privacy in the information society commissioned for the Privacy Act. These weren't then and aren't now idle concerns, but a means to an end -- "notice" -- may be being confused with an end. I'd rather stop "womb-to-tomb" dossiers than assure their accuracy. IMHO "notice" of 3P info gathering misses the point. The problems start with first and second parties. Remember, this is about notice for *gathering* information, not publishing it. That means notice even if you never publish or use it. If we're concerned about the gathering of personal information from public records, for instance, why was that information collected in the first place? If because the gov't is regulating a transaction or relation, is that gov't regulation necessary? How much of the information is really needed? How much information does DMV need to issue a drivers' license? Also, requiring third parties to give notice to first parties would raise massive first amendment issues -- much of what we and the press do is gather personal information. What of the address books we all keep? The constitutional problems would not exist, IMHO, if the gov't had to notify us when it discloses our personal information. The gov't is a major information trafficker, both by extracting information directly, and by requiring us to report information to 3Ps like banks, etc. Lee PS. BTW, I am not a libertarian. At 11:48 PM -0800 9/21/97, Tim May wrote:
At 12:14 PM -0700 9/20/97, Will Rodger wrote:
One of the main assertions made by both sides in the privacy battles is people must be informed when a third party is gathering "personal" information about them.
I don't know which two sides are the "both sides" you'r describing, but "my side" believes no such thing.
--Tim May