ERIC Number: ED232174
Record Type: RIE
Publication Date: 1983
Reference Count: 0
The Relationship between Law, Privacy, and Information Technology: A Legal and Philosophical Inquiry.
Dalsey, John F.
Historically, legislation or judicial review successfully controlled threats to personal privacy by information technology. Wiretapping legislation, for example, developed along with sophisticated telephone equipment. Today, however, the law is unable to respond quickly enough to the constantly changing situations and behaviors created by massive computerization. Based on a paper concept of information, even such recent legislation as the Privacy Act of 1974 cannot address problems arising from the permanence and universality of computerized personal records. Not only legislation, but traditional common law, applicable in only certain situations and requiring proof of personal injury, is no longer viable in many contexts. If technology's impact on the individual is to be controlled, laws must be developed to cope with the future, instead of to simply reflect the past. The concept of personal autonomy must be refined to include control over the image presented. To that end, society should avoid loading computers with personal data, monitor the transmission of personal records between computer systems, and create lawyers able to adapt to the changing legal issues and categories brought about by technological advances, who will defend the individual's right to privacy. (MM)
Publication Type: Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers: Computer Managed Information; Computer Networks; Information Industry
Note: Paper presented at the Annual Meeting of the Association for Education in Journalism and Mass Communication (66th, Corvallis, OR, August 6-9, 1983).