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Access to Information Held by the State and Privacy

Access to Information Held by the State and Privacy TOPI C IV.C.3 GARY M. MAVEAL I. INTRODUCTION In recent years in the United States of America, federal and state governments' authority to collect and disseminate information about their citizens has been restricted. Data privacy laws have been enacted out of concern for the governments' accumulation and sharing of personal data, particularly in an era of increasing use of computers. While the federal government has legislated fair infor­ mation principles covering its own records, state and local govern­ ments ' data practices are largely unregulated. However, enforcement of the federal data privacy laws has proven to be diffi­ cult and privacy statutes in the U.S. have been only marginally effective. This paper will focus on restrictions on government acquisition, publication, and disclosure of information. It will highlight federal laws on fair information practices because it is the federal govern­ ment which is the primary user of personal data on individuals. Computer and communications technologies and their implications on privacy will also be addressed although space limitations prohibit a chronicle of the predicament. We will see tha t inertia against fully checking government agencies' data practices and reluctance to af­ ford a full measure of private rights of action for http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Access to Information Held by the State and Privacy

Maveal, Gary M.
American Journal of Comparative Law , Volume 38 (suppl_1) – Dec 1, 1990
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Publisher
Oxford University Press
Copyright
© 1990 The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840555
Publisher site
See Article on Publisher Site

Abstract

TOPI C IV.C.3 GARY M. MAVEAL I. INTRODUCTION In recent years in the United States of America, federal and state governments' authority to collect and disseminate information about their citizens has been restricted. Data privacy laws have been enacted out of concern for the governments' accumulation and sharing of personal data, particularly in an era of increasing use of computers. While the federal government has legislated fair infor­ mation principles covering its own records, state and local govern­ ments ' data practices are largely unregulated. However, enforcement of the federal data privacy laws has proven to be diffi­ cult and privacy statutes in the U.S. have been only marginally effective. This paper will focus on restrictions on government acquisition, publication, and disclosure of information. It will highlight federal laws on fair information practices because it is the federal govern­ ment which is the primary user of personal data on individuals. Computer and communications technologies and their implications on privacy will also be addressed although space limitations prohibit a chronicle of the predicament. We will see tha t inertia against fully checking government agencies' data practices and reluctance to af­ ford a full measure of private rights of action for

Journal

American Journal of Comparative Law – Oxford University Press

Published: Dec 1, 1990

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