Monday 2 April 2007

Reasons for not maintaining privacy

It has been reasoned that privacy discourages information sharing between individuals which in turn can lead to mistrust and intolerance amongst people and perpetuate false information. If information can be shared widely then facts can generally be verified through many different sources and there are less chances of inaccuracies. It has also been reasoned that Privacy can perpetuate stigma and intolerance. The reasoning behind this is that restrictions on information about people can inhibit and discourage collection and finding of data that is required for an accurate analysis and discussion on the causes and root of the stigma and intolerance. Philosophers often ask how people can learn to accept each other if they cannot know about each other. Issues have also been raised that privacy can encourage criminal activity as it makes it easier for criminals to hide their unlawful activities.

More pragmatically, privacy sometimes is not maintained because there is a benefit provided by disclosure. For example, a potential employer is given a résumé/CV in order to evaluate someone's appropriateness for employment. Or, contact information, e-mail addresses most often, are provided in exchange for access to some useful information, like a "white paper".

List of some court cases in the United States that reviewed the issue of privacy:

In a unanimous ruling justices at the Supreme Court of New Hampshire ruled: "A generalized concern for personal privacy is insufficient to meet the state's burden of demonstrating the existence of a sufficiently compelling reason to prevent public access." The state Supreme Court ruled that financial information people disclose in divorce cases is not entitled to sweeping privacy protections. The court said the right of access to court proceedings and records predates both the state and federal constitutions. The decision relied heavily on the New Hampshire Constitution, which says power comes from the people. "To that end, the public's right of access to governmental proceedings and records shall not be unreasonably restricted," the Constitution says. The Associated Press v. New Hampshire.

In Davis v. Freedom of Information Commission, 259 Conn. 45 (2001) The Connecticut Supreme Court ruled that the DPPA does not apply to other government agencies who receive personal information from the State DMV in the course of their normal government functions. Therefore, records compiled by the office of the tax accessor, which were based on state motor vehicle records, were publicly accessible.

Excerpt of a ruling by Judge Kenneth Johnson, Indianapolis, Indiana, "The great public interest in the reporting, investigation and prosecution of child abuse trumps even the patient's interest in privileged communication with her physicians because, in the end, both the patient and the state are benefited by the disclosure," Johnson wrote.

In Las Vegas Review v. Board of County Commissioners, August 18, 2000., Nevada's highest court ruled that Records showing the telephone numbers of incoming and outgoing calls on publicly owned cellular telephones are not confidential or private.

In Erwin Eastmond v. Canadian Pacific Railway & Privacy Commissioner of Canada (June 11, 2004) The Court found that CP could collect Eastmond's personal information without his knowledge or consent because it benefited from the exemption in paragraph 7(1)(b) of PIPEDA, which provides that personal information can be collected without consent if "it is reasonable to expect that the collection with the knowledge or consent of the individual would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement.

http://en.wikipedia.org/wiki/Privacy

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