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goombah99 writes "It happens all-too-often that the govenment and companies negligently reveal citizen's private information on their websites. When collection of this information is something required by law there is an obligation to protect it. But is privacy a 'property' and does its loss require compensation? Wired news reports 'The Supreme Court will hear oral arguments Wednesday over whether the federal government should reimburse individuals whose sensitive data was disclosed illegally, even if no harm can be proven. At issue before the court, according to privacy advocates, is how valuable privacy really is.'"
It's also really funny.
The Supreme Court has consistently held that privacy is a right of Americans, guaranteed implicitly by the Constitution.
I agree with the Supreme Court.
The lawsuit concerns disclosure of a person's SSN. However, in a written response from my US Senator, I was informed that any company, anywhere can DEMAND your SSN as a condition for services, e.g. I go the the doctor's office and the doctor can require my SSN before seeing me, I apply for a lease on an apartment, the lease company can require my SSN as a condition on the application. There are absolutely no restrictions for companies requiring/requesting this information, and there are no regulations on how they must then safeguard it! I was told that if the kid cutting my grass wants my SSN as a condition, he can require it (of course this is a silly example, but is perfectly legal, according to current US laws. Either that or my Senator and the government websites I was directed to are seriously flawed.) Now, I routinely refuse to provide the info and challenge them to deny me service (with a crowded waiting room, etc), but it isn't a good way work with some businesses. (normally they just want the number because it makes it easy for assigning a unique number for their databases)
The privacy act applies to government use of our information, not private corporations. And the SSA told me while Congress passed laws governing the use of SSN, Congress never bothered passing legislation authorizing the SSA to enforce the laws.
If I can locate the document, I will try to provide the rest of the info, but I have to go take my blood pressure medicine.
The Fourth Amendment would tend to disagree:
Privacy is a Right, like the Rights to Believe, to Communicate, to Move, to stay and Fight, and to Own Property. These are enumerated specifically, and it was the belief of the Framers that they are inherent in being a human. They set forth cases in which those rights could be limited, such as for convicts, slaves, and in time of war.
The issue is not whether you have a right to privacy. The issue is whether the government, having already collected the otherwise private information, is free to pass that information on to others.
sigs, as if you care.
The DA thought it was funny, the mayor and chief of police didn't.
It depends on the state. If you really need to find out, use AgeOfConsent.com for your particular situation.
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