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

The Issue

[Oculus Habent]

Privacy isn't a property - it is a privilege. This is evidenced by taking away certain levels of privacy from criminals... You can find out information about the location of a federal prisoner through the Freedom of Information Act; neighbors must be notified when some sex offenders move into an area - thus limiting their privacy...

I think the wording is odd in that statement. It isn't privacy that is a property, it's the information that is a property. Privacy is a means to protect that information, and failing to protect personal "property" that someone is required to provide is my issue here. Just as if the government required a key to your house and then made then available for duplication.

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.

Re:The Issue

[larry bagina]

Privacy isn't a property - it is a privilege.

It's not a privilege, it's an inalienable right. It's granted to you by your existance. It can only be taken away by due process or your own abdication of it.

Privilege implies you have to be a good little boy before it applies to you, and that it can be taken away at any time for any reason.

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.

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.

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.

It Has To Be Made A Property, For Sure

[tds67]

But is privacy a 'property' and does its loss require compensation?

Absolutely, unequivocally "YES" on both counts.

We live in an increasingly Corporate culture, where it's always "the economy stupid." We have become global Corporate citizens instead of citizens of any one particular country. Privacy is not respected by the machinery of business, and those of you out there who have ever worked with or in a Marketing department know what I'm talking about.

It took a law to put the brakes on telemarketers, and God knows what it will take to stop spam, if that's even possible. But by making privacy a "property" that has monetary value, we can finally put it on the radar screens of Big Business.

Privacy Act only applies to use by the Government!

[anti-tech]

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.

Privacy is a Constitutional Right

[PingXao]

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

That's article IX or the U.S. COnstitution. The fact that trroubling issues of privacy and technology didn't arise until 220 years later doesn't mean jack shit to me. Article IX makes it quite clear that the notion of a "Right to Privacy" must certainly exist. How dare anyone disparage my beleif that it is my right? The time is drawing near when politicians who ignore the Constitution and the judges who are bought right along with them, will have to account for their actions. And I'm not talking about violence here. I'm talking about a second Constitutional Convention. Something that strikes fear into the heart of every politician and every greed head in the land.

A Second Constitutional Convention would do us a world of good. And possibly a world of hurt as well, but the medicine must be strong for what we've allowed this nation to mutate into. All it would take is a two-thirds vote of the states. The day is coming. It might not be right around the corner, but it is coming.