Re: Fair Credit Reporting Act and Privacy Act

At 08:25 AM 2/5/96 -0500, Frank Willoughby wrote:
If the Privacy Act were rewritten to be as strict as the BDSG, businesses would have a (mandatory) legal requirement to:
o Ensure that personal data is stored properly (by encrypting it, etc) o Ensure that personal data is not distributed o Ensure that databases are *not* being maintained which describe the characteristics of individuals (buying habits, income, property ownership, etc) wantonly propagated by marketing (direct mail, telemarketing, etc) companies.
Unfortunately, it would also: * Require government registration of computers and databases containing information about people (whether these computers are used by business or individuals). This eases regulation of computers and future confiscation. * Reduce market efficiency by making it harder to match buyers and sellers (because neither could easily find out about he other) thus causing higher prices and poorer people. * Do nothing to protect personal information from the government which would get to collect more of it than ever in the course of enforcing data protection laws. If you don't want people to know things about you, don't tell them. DCF

On Mon, 5 Feb 1996, Duncan Frissell wrote:
Unfortunately, it would also:
* Require government registration of computers and databases containing information about people (whether these computers are used by business or individuals). This eases regulation of computers and future confiscation.
I don't believe that this follows at all. All that would be required would be a statutory obligation to comply with the legislation. Should a breach occur, civil and criminal penalties would apply. No need for prior restraint.
* Reduce market efficiency by making it harder to match buyers and sellers (because neither could easily find out about he other) thus causing higher prices and poorer people.
It would not make it harder for buyers and sellers to get together, it would simply increase the risk. It may lead to higher prices, but I am prepared to pay something to protect my privacy.
* Do nothing to protect personal information from the government which would get to collect more of it than ever in the course of enforcing data protection laws.
It would be very hard to prevent the government keeping files on you. They have requirements such as tax collection etc that would require keeping files. What I would like to see is similar protection of my data that is stored on goverment computers. Should my information be released, the agency responsible should have to pay compensation. Such is the price of not keeping my information secret.
If you don't want people to know things about you, don't tell them.
I agree that in the absolute sense, this is true. However, it is not practical to do so in our modern society. If you are prepared to live without credit or health insurance you can do this but the price is too high for most people to consider. Regards, Tim Philp
participants (2)
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Duncan Frissell
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Tim Philp