Forum IIIB Group 7 Open Access to Personal Information Introduction- Steve Ayers Pros- Michelle Peterson Cons- Christie Christman Conclusion- Audrey Clausen

Introduction Steve Ayers

Every computer should come with a label that reads: WARNING! USE OF THIS DEVISE CAN RESULT IN LOSS OF PRIVACY

Steve Ayers “With dossiers being compiled by commercial bureaus, state and local law enforcement agencies, the CIA, the FBI, the Armed Services, and the Census Bureau, we live in an Orwellian age in which the computer has become the heart of a surveillance system that will turn society into a transparent world.” Supreme Court Justice William Douglas 1974

Steve Ayers ORWELL’s 1984 Fact or fiction

Steve Ayers The big questions Where does the individual fit? Where is the real power? Is it our information? How important is personal access? How do we amend false information? What sort of technology is needed? Can control be brought to the system? Does the system offer protection and safeguards? Who’s responsible?

Steve Ayers THE HISTORICAL PERSPECTIVE Records started with writing In early America the church did most of the personal record keeping The US Census Federal Income Tax The Social Security System Expanding Government role in personal lives Consumers and computers

Steve Ayers THE DATABASE BUSINESS 550 companies $3 Billion Each individual is in an average of 50 databases

Steve Ayers THE HEAVYWIEGHTS : Catalina Marketing: 30 million American’s buying habits particularly from supermarkets Aristotle Industries: Specializes in voter records Donnelley Marketing Info Svcs: Operates a demographic database service on 125 million Americans Willard Services: Database on 215 million Americans

Steve Ayers THE CREDIT REPORTING COMAPNIES THE REST OF THE GUYS: THE CABLE COMPANY VIDEO STORES THE PHONE COMPANY TRAVEL AGENCIES DOCTORS OFFICES STUDENT RECORDS ETC. ETC. ETC. THE LIST GOES ON

Steve Ayers THE LAW THE PRIVACY ACT OF 1974 : Applies only to public records FERPA : Addresses student records CCPA : Applies to cable TV operators ECPA : Covers electronic transmissions VVPA : Limits video rental information

Steve Ayers THE LAW Drivers License Protection Act of 1994 HIPPA : The all encompassing healthcare record act Gramm-Leach-Bailey Act : An example of a worthless law

Steve Ayers WHERE IS ALL THIS INFORMATION GOING AND HOW IS IT BEING USED CREDIT CARD COMPANIES SUPERMARKETS ATM CARDS PHONE CALLING CARDS MEDICAL RECORDS CREDIT REPORTING COMPANIES THE CENSUS BUREAU

Pros Michelle Peterson

Data System Structure Where information stored: One database Separate databases Who has access: Individuals Individuals & Authorized Entities

Michelle Peterson Each person can access all data about themselves held by anyone.

Michelle Peterson Types of Records Medical Legal Work history Company Held Data Financial Scholastic Political

Michelle Peterson Medical

Michelle Peterson Financial

Michelle Peterson Legal

Michelle Peterson Why does this matter?

Michelle Peterson Errors Planning Security

Michelle Peterson Collected data is used by authorized personnel.

Michelle Peterson Medical Personnel Remote Care Emergent Care

Michelle Peterson Financial Agencies Credit Information

Michelle Peterson Legal Agencies Historical data

It is an achievable goal!

Cons Christie Christman

Free or for a Fee? Accessing our own information

Christie Christman Inaccurate Reports Effects of errors

Christie Christman Hackers & Crackers Identity Theft Impact of all information in one database Malicious or False entries

Christie Christman Are we willing to trade that much info about our identity to one business/entity? Do we get a say in how our info is used?

Christie Christman Who else has access to our files? Will our files be sold? - Direct marketing Who will maintain the system?

Conclusion: Consumer Privacy vs. Legitimate Duties Audrey Clausen

Consumer Privacy Access to private databases Who shares the costs? Who owns the information? Hackers & Crackers? Illegitimate use of data

Audrey Clausen Legitimate Duties Track Federal Tax debtors Dept Collection Act Parents Delinquent in Child Support Child Support Enforcement Act Foreign Counterterrorism Investigations ChoicePoint’s Database

Audrey Clausen Letter to Federal Trade Commission in 1996

Audrey Clausen Is the non-consensual compilation, sale and usage of the database a violation of private citizens civil rights? Are the databases subject to unlawful usage? Do they create an undue potential for fraud on consumers?

Audrey Clausen Are the compilation, sale, and usage of consumers' personal data consistent with the Fair Credit Reporting Act and federal telemarketing regulations? Are there ways consumers can prevent data-based service companies from including their personal background information in commercial data bases absent their content?

Steve Ayers, Michelle Peterson, Christie Christman, Audrey Clausen The End