Cash Value 1/10 of a Cent

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.'"

Comments

Tree falls in the forest

[Nadsat]

"If someone rummages through all your stuff, nothing's taken, but they find out information about you, (yet) you can't show actual damages.

If a tree falls in the forest and no one hears it, does it make a noise? Did some one ever come up with an answer to that age old parabole? If not, I don't think the Supreme Court any time soon will wrap its hands around an ancient Zen koan.

Re:The Issue

[Planesdragon]

Privacy isn't a property - it is a privilege. This is evidenced by taking away certain levels of privacy from criminals...

You're so right, and then so wrong.

Privacy isn't a right per-se, but it certainly is more than a mere priviledge. Privacy is a presumption that is often necessary for a citizen to enjoy their most important right--that of quiet and safe enjoyment of their own life.

And criminals are a horrible example of "it's not like property." We violate oodes of a prisoner's rights--that's how we penalize folk who break the law.

It isn't privacy that is a property, it's the information that is a property.

False, I believe. Mere information should be public domain--if I want to find out, oh, what your telephone number is, there shouldn't be any penalty whatsoever if someone tells it to me.

Before they answer that...

[PSaltyDS]

"At issue before the court, according to privacy advocates, is how valuable privacy really is."

...make it clear to the Judges, Lawyers, and Representatives involved that their decision WILL apply to THEIR personal data! I really believe they forget that sometimes. There was a /. article, which I'm too lazy to look up now, about a District Atourney who ruled getting personal data from someone's trash was not actionable. His attitude changed when a group of activists raided HIS trash and published what they found.

Any technology distinguishable from magic is insuficiently advanced.

Re:The Issue

[SeXy_Red]

I believe that privacy is neither property or a privilege, but a right. Like many rights, it does have its limits. In the US, you have the right to free speech, but, if your free speech infringes on someone elses same right, then your right is then taken away.

And criminals are a horrible example of "it's not like property." We violate oodes of a prisoner's rights--that's how we penalize folk who break the law.

So true, the criminals gave up there privacy rights when they commited a crime. A sexual malester lost his rights the minute he commited a perverted act, because his right to privacy would infringe on others rights to safety.