Privacy of Online Personal Information

By Marie D’Amico, 

The Declaration of Independence asserts Americans have certain unalienable rights, among them life, liberty, and the pursuit of happiness. Should privacy be included in this list? If you think so, 79% of Americans agree with you, according to a poll conducted in 1990. You may also be amongst the 68% of Americans who, in a 1992 poll, felt computers were an actual threat to their personal privacy.

What can you do to protect the privacy of your personal information online? Current federal legislation safeguards only certain categories of information. For example, the Privacy Act of 1974 gives you the right to be informed, to inspect, and to challenge personal information collected by governmental agencies. The Video Privacy Protection Act allows divulgence of movie titles you've rented only if you've been permitted to prohibit such publication. The Driver's Privacy Protection Act , which becomes effective September 1997, prohibits state motor vehicle departments from releasing personal information without providing an opportunity for you to opt out of disclosure.

Some state legislation also safeguards specific information. For example, in New York, you can sue someone who uses your photograph in an advertisement without your consent. In California , pending legislation would create a task force to study and suggest legislation to address "privacy issues raised by the practices of the Internet industry, including the gathering of information about individuals' patterns of access to Internet sites." Most federal, state, and local legislation, however, doesn't prohibit independent third parties from gathering and disseminating your personal information to the millions on the net.

Certain Supreme Court rulings might help you prevent widespread online access to your permanent record. In landmark decisions, the Justices have held that the Bill of Rights creates an inherent zone of privacy around rights not specifically enumerated. The Ninth Amendment, which provides that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," aids an assertion of privacy rights in personal information. In addition, the Court has ruled that the Constitution protects information you seek to preserve as private, even in an area accessible to the public. Based upon these rulings, you may be able to sue someone for invasion of privacy for releasing your personal information to the public via the net.

If you send someone a letter, in print or electronic form, you should know that you are the copyright owner of that letter, not the recipient. If someone copies, forwards, or publishes your letter, without your consent, you could sue him for copyright infringement.

Take practical measures to protect your privacy. Get an unlisted phone number. Online search services may list your home address and telephone number, but they only publish listed numbers. Or, write to each search service and request they delete your personal information. Use anonymous remailers to send email or postings to Usenet groups. Use a different screen name from your actual name; America Online , for example, supplies this feature. Use encryption methods such as PGP (Pretty Good Privacy) to send personal email.

Don't give out personal information on your home page. If an online service requires registration, either opt out, supply the minimal amount of information, or use an alias. The use of an alias also allows you to track to whom this service sold your name. If an online content provider permits, tell them you don't wish to receive mailings from them or any third party.

Finally, speak up. In 1990, Lotus Development Corporation and Equifax terminated a product which would have contained personal information after 30,000 people objected. The power to protect privacy lies in all our hands, keyboards, and voices.

Questions? Send me email .

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© 2006 NetGuide Magazine