From: "ama-gi ISPI" <offshore@email.msn.com> Subject: IP: ISPI Clips 6.03: Privacy Here and Abroad Date: Sun, 1 Nov 1998 00:06:37 -0800 To: <Undisclosed.Recipients@majordomo.pobox.com> ISPI Clips 6.03: Privacy Here and Abroad News & Info from the Institute for the Study of Privacy Issues (ISPI) November 1, 1998 ISPI4Privacy@ama-gi.com ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 --------------------------------NOTICE:------------------------------ ISPI Clips are news & opinion articles on privacy issues from all points of view; they are clipped from local, national and international newspapers, journals and magazines, etc. Inclusion as an ISPI Clip does not necessarily reflect an endorsement of the content or opinion by ISPI. In compliance with Title 17 U.S.C. section 107, this material is distributed free without profit or payment for non-profit research and educational purposes only. --------------------------------------------------------------------------- ISPI Clips is a FREE e-mail service from the "Institute for the Study of Privacy Issues" (ISPI). 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