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PRIVACY Forum Archive Document
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PRIVACY Forum Digest Thursday, 8 October 1992 Volume 01 : Issue 22
Moderated by Lauren Weinstein (lauren@cv.vortex.com)
Vortex Technology, Topanga, CA, U.S.A.
===== PRIVACY FORUM =====
The PRIVACY Forum digest is supported in part by the
ACM Committee on Computers and Public Policy.
CONTENTS
More on credit reports etc. for sale (Bruce Jones)
Genetic Infomation and Privacy (Gary Chapman)
Personal Data Law approved in Spain (Rafael Fernandez Calvo)
Sacramento, CA privacy conference (Bruce R. Koball)
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The PRIVACY Forum is a moderated digest for the discussion and analysis of
issues relating to the general topic of privacy (both personal and
collective) in the "information age" of the 1990's and beyond. The
moderator will choose submissions for inclusion based on their relevance and
content. Submissions will not be routinely acknowledged.
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VOLUME 01, ISSUE 22
Quote for the day:
"Everything has an end."
-- Anonymous Masai saying
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Date: Mon, 28 Sep 92 09:17:59 -0700
From: bjones@weber.ucsd.edu (Bruce Jones)
Subject: More on credit reports etc. for sale
Dan Ellis mentions a "Geoffrey Rothvader" as the author of a book
on computer access to private records. For those of you who might
want to follow up on the book, the correct spelling of his name is
Jeffrey Rothfeder, and he is an editor for Business Week magazine.
Mr. Rothfeder was interviewed on a WGBH/PBS NOVA special
called "We Know Where You Live" (1990) where he talked about getting
access to Quayle's records. It should be pointed out that Rothfeder
was able to gain access because he is in fact an employee of McGraw
Hill (which ownes Business Week) - not that this makes his
observations any less chilling. His sound bites on the NOVA special
sounded like he was pretty critical of the information "super-bureaus"
so his book might be worth reading.
According to "melvyl" - the Univ. of Calif library catalog,
Roghfeder is also the author of Minds over Matter - a book on
computers and artificial intelligence.
bj
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Date: Tue, 29 Sep 1992 09:39:30 -0400
From: "(Gary Chapman)" <chapman@silver.lcs.mit.edu>
Subject: Genetic Infomation and Privacy
The New York Times reports today (9/29, page C2) that a survey
commissioned by the March of Dimes reveals that a majority of the people
surveyed do not consider genetic information to be exclusively private.
Respondents apparently said, in the majority, that information about
potential defects in a person's genetic makeup should be revealed not
only to spouses and other family members, but also to insurance
companies and employers.
The article says that the public appears "extremely optimistic" about
the prospects for gene therapy, or the ability to treat genetic
disorders with biotechnology. Over 80 per cent of the respondents were
enthusiastic about the concept of gene therapy, although the article
notes that about 60 per cent admitted they knew nothing about it.
A little over 40 per cent of people surveyed said that they would
welcome the use of genetic alteration to "improve the physical
characteristics that children would inherit," or to improve
intelligence. The article mentions that scientists attributed this
figure to the widely shared view that intelligence is an inherited
trait, although there is little evidence for this view, and no
identified gene for intelligence.
Fifty-eight per cent of the people interviewed believed that an insurer
has a right to know about genetic abnormalities, and 33 per cent
believed that an employer has the same right.
Only eight states have passed laws that prohibit discrimination against
people with abnormal results on a genetic test, and, the article says,
most of those are directed only at people with sickle cell anemia.
Gary Chapman
Coordinator
The 21st Century Project
Computer Professionals for Social Responsibility
Cambridge, Massachusetts
chapman@lcs.mit.edu
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Date: Tue, 06 Oct 1992 00:25:37 EDT
From: "Rafael Fernandez Calvo" <rfcalvo@guest2.atimdr.es>
Subject: Personal Data Law approved in Spain
CCCCC LL II
CC LL II
CC LL II -- N E W S FROM S P A I N --- Oct. 5, 92
CCCCC LLLLLL II
COMMISSION for LIBERTIES
and INFORMATICS (*)
PERSONAL DATA PROTECTION LAW APPROVED BY THE SPANISH PARLIAMENT
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Spain, one of the last countries in Western Europe that lacked of
legislation on personal data protection, has since October 1st a law
that covers this matter. It is called Organic Law on Regulation of
Automated Processing of Personal Data, aka LORTAD according to its
Spanish initials. That date it was finally approved by the Senate with
the solitary votes of the ruling Spanish Workers' Socialist Party (the
reader should not worry about such an impressing name: it is a moderate
socialdemocratic party), that holds an absolute majority in both Houses
of the Parliament since its first swapping victory in 1982.
Being reborn to democracy in 1977, Spain is one of the very few
countries all over the world whose Carta Magna foresees the dangers that
can stem from misuse of Information Technology. In fact, its Constitution
establishes that a "law will limit the use of Information Technologies in
order to protect citizens' honour and personal and family privacy as well
as the unrestricted exercise of their rights" (article 18.4).
In a Press Conference held today, Oct. 6, in Madrid CLI has made public
Madrid its position about the law. Summarizing, the Commission:
- Considers that this law does not fulfill the expectations arisen,
although it is a step forward in comparison with the current situation of
"allegality" that has been source of severe abuse against privacy.
- The good side of the law is the regulation of personal data files
in the hands of companies and private entities. Citizens will have
wide rights to access, modification and cancellation of this kind of
records.
- The bad side stems from the following facts:
a) The bill would give excessive and uncontrolled power to Policy Forces
over collection and computerization of highly sensitive data: ideology,
religion, beliefs, racial origin, health and sexual orientation.
b) Computerized personal data records in the hands of all branches
of Public Administrations would be in many cases excluded from the rights
(access, modification, cancellation) given to citizens with regard to
the same kind of data in the hands of private companies.
c) The Data Protection Agency that will watch over proper observance of
the law would have scarce autonomy from the Government, that will
nominate and dismiss its Director.
CLI has announced that it will put in practice the following actions:
- Will promote an appeal before the Constitutional Court against the
article 20.3 of the law (the one that gives excessive and uncontrolled
power to Policy Forces over computerization of highly sensitive data).
In order to achieve this goal CLI will contact the Spanish Ombudsman,
the opposition parties and the Regional Parliaments.
- Will promote awareness of the citizens with regard to the rights
this new law gives to them.
- Will encourage Regional Parliaments to establish the Regional Data
Protection Agencies forecast by the law.
To obtain more information about the law you can contact CLI (*)
* SOME WORDS ABOUT CLI
The --Commission for Liberties and Informatics, CLI-- is an independent
and pluralistic organization that was officially constituted in April
'91.
Its mission is to "promote the development and protection of
citizens' rights against misuse of Information Technologies".
As of September '92, CLI is composed by ten organizations, with
a joint membership of about 3,000,000 people. They cover a very
wide spectrum of social interest groups: associations of computer
professionals, judges, civil rights leagues, trade unions, consumers
groups, DP industry collectives, etc.
CLI is confederated with similar bodies created in some other Spanish
Regions such as Valencia, Basque Country and Catalonia, and has fluid
working relationships with many public and private Data Protection bodies
and entities all over the world, including CPSR and Privacy
International.
CLI has its headquarters in:
Padilla 66, 3 dcha.
E-28006 Madrid, Spain
Phone: (34-1) 402 9391
Fax: (34-1) 309 3685
E-mail: rfcalvo@guest2.atimdr.es
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Date: Wed, 30 Sep 1992 16:42:12 -0700
From: Bruce R Koball <bkoball@well.sf.ca.us>
Subject: Sacramento, CA privacy conference.
Privacy in the Information Age:
Balancing the Right to Privacy and the Right of Access
Sponsored by Government Technology Magazine,
Sacramento, California
Produced by Government Technology Conference, Sacramento and
Riley Information Services Inc., Toronto, Canada
This one day conference and training session will be held at the
Sacramento Convention Centre on November 16th, 1992.
The conference will deal with many of the seminal privacy issues facing
society today. It will address subjects and issues of importance to
both the public and private sectors. An array of privacy experts and
professional from the public and private sectors in California and from
Washington, D.C. and Canada will gather to debate the issues driving
privacy today and offer possible solutions. The sessions will be
interactive with discussion and questions from the audience urged.
Following is a short synopsis of the topics and speakers for the one day
agenda.
Opening Session: 8:30am The State of Privacy in California Today:
Speaker: A. A. Pierce, Undersecretary, Business, Transportation and
Housing Agency, State of California
Keynote Address: A New Privacy Balance for the 90s: What the Public
Wants, What a Free Society Needs.
Speaker: Alan F. Westin, Professor of Public Law and Government,
Columbia University and author of Privacy and Freedom.
Professor Westin will discuss recent survey data on privacy concerns of
citizens and analyze the recent public attitudes to privacy as seen in
relation to the forces of developing technology and society's demands
for wider openness. How will all these competing demands be met so all
social needs are satisfied?
Panel: What are the Dangers of Eroding Privacy?
The debate goes on as to what extent should there be privacy regulation
in our society. If we are to do this comprehensively how will we
accomplish this goal? But do we really need extensive regulation or any
at all?
This will be a point/counterpoint session between Professor Goeroge
Trubow of John Marshall Law School in Chicago and Jim Warren, Founder of
Computer, Freedoms and Privacy Conferences and Columnist for MicroTimes
Panel: Balancing the Right of Acccess and the Right to Privacy.
Freedom of Information laws endow on the citizen the basic right of
access to government information, the right to know what it's government
is doing and why. But there is also the right to protect the privacy of
the individual, creating competing interests.
Speakers: Ronald L. Plesser, lawyer, Piper and Marbury, Washington, D.C.
and former General Counsel, US Privacy Commission.
Webster Guillory, Chairman, National Organization of
Black County Officials
Peter Gillis, Director, Information Management Practices,
Treasury Board Secretariat, Federal Government of Canada
Panel: Privacy and Fair Information Practices: Practical
Guidelines
Professor George Trubow and privacy expert Thomas B. Riley, Toronto,
Canada, will present actual Guidelines that can be used in the workplace
whether it be the public or private sector.
Luncheon Address: Dr. Ann Cavoukian, Assistant Commissioner/Privacy,
Office of the Information and Privacy Commissioner/Ontario,
Toronto, Ontario, Canada
"Investigating Privacy Complaints: A Canadian Experience."
In Canada there exists the Office of Privacy Commissioner which not only
takes complaints and appeals from the public in their dealings with the
Privacy Act but serves to act as an important forum to identify key
privacy issues? What can be learned from this experience?
Panel: Privacy, Security and Electronic Records: What are the Ground Rules
While security is a central issue in protecting privacy, there is also
the question of what constitutes an electronic record? There is much
regulatory confusion on this subject and speakers will work to address
the complex matrix.
Speakers: Joseph Pujals, State Information Security Manager,
Department of Finance, CA
Robert Gellman, Chief Counsel, House of Representatives
Subcommittee on Information, Washington, D.C.
Panel: Data Matching and Tracking of Files: What are the Privacy Rights?
How Far Should we Go?
Should data matching and tracking be allowed? What is the greater good
or is there an important compromise? What are specific examples of such
practices and how are they being handled?
Speakers: Evan Hendricks, Publisher, Privacy Times, Washington, D.C.
Kathleen M. Lucas, Plaintiff Counsel for Barbara Luck -
Luck vs. Southern Pacific, San Francisco
Chris Hibbert, Manager, Software Development Xanadu Corporation
and member, Computer Professionals for Social Responsibility.
Panel: Privacy and Electronic Networks: Caller ID and Telemarketing.
Junk mail, junk fax, telemarketing, caller ID. Do you want it? Do you
need it? If not-what can you do about it?
Speakers: Ken McEldowney, Executive Director, Consumer Action, San Francisco
Evelyn Pine, Executive Director, Computer Professionals for
Social Responsibility
Beth Givens, Project Director, Centre for Public Interest Law,
University of California, San Diego
John Schweizer, Manager, Consumer Affairs, Pacific Bell
Closing remarks at 4:45pm will be delivered by Tom Riley who will offer
a synthesis of issues presented for the day and a prognosis for the
future.
Conference Cost: $199.
To register for the conference or to obtain a promotional brochure with
fuller information please phone: Deborah Furlow, Government Technology
Conference, Sacramento, CA, (916)363-5000.
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End of PRIVACY Forum Digest 01.22
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