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Thursday, October 20, 2005

Symmetrical Privacy

Lior Strahilevitz, a University of Chicago Law Professor, had some really unique things to say about how we could approach privacy more constructively in this country. I am so sick and tired of the perpetual debate about people complaining about wanting to have more privacy and others bitching about security, efficiency, and a host of other factors that may or may not trump a "right to privacy."

My weariness is what inspiried my affection for this column. Check it out, but here is the beef:
Symmetrical privacy is simply the idea that individuals or entities may access my private data, but if they do so, I am entitled to know what they are up to. Symmetrical privacy is not a core feature of American privacy law, with the exception of case law and several statutes governing criminal searches, but I would argue that this principle has great appeal as a method of resolving many contentious information privacy issues. If an employer, identity thief, health insurer, or credit card company wants to access my credit report, at least let me know about it. If someone makes a FOIA request for government documents that reveal something about me, I should be notified of this request by the government. If someone goes to Fundrace.org or a similar site to see which political candidates I have donated to, I have no right to stop them from doing so, but I ought to have the right to be informed of their snooping. Symmetrical privacy might or might not be a solid foundation for a social networking site, but it seems to me that it is an excellent starting point for the law’s treatment of private information.


I likee.

-Mr. Alec

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