While technological threats to personal privacy have proliferated rapidly, legislation designed to protect privacy has been slow and incremental. In this study of legislative attempts to reconcile privacy and technology, Priscilla Regan examines congressional policy making in three key areas: computerized databases, wiretapping, and polygraph testing. In each case, she argues, legislation has represented an unbalanced compromise benefiting those with a vested interest in new technology over those advocating privacy protection. Legislating Privacy explores the dynamics of congressional policy formulation and traces the limited response of legislators to the concept of privacy as a fundamental individual right. According to Regan, we will need an expanded understanding of the social value of privacy if we are to achieve greater protection from emerging technologies such as Caller ID and genetic testing. Specifically, she argues that a recognition of the social importance of privacy will shift both the terms of the policy debate and the patterns of interest-group action in future congressional activity on privacy issues. Originally published in 1995. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

This book explores the dynamics of congressional policy formulation on privacy issues and explains why legislation has lagged so far behind technological development.

Legislating Privacy: Technology, Social Values, and Public Policy

This book provides a snapshot of privacy laws and practices from a varied set of jurisdictions in order to offer guidance on national and international contemporary issues regarding the processing of personal data and serves as an up-to-date resource on the applications and practice-relevant examples of data protection laws in different countries. Privacy violations emerging at an ever-increasing rate, due to evolving technology and new lifestyles linked to an intensified online presence of ever more individuals, required the design of a novel data protection and privacy regulation. The EU General Data Protection Regulation (GDPR) stands as an example of a regulatory response to these demands. The authors included in this book offer an in-depth analysis of the national data protection legislation of various countries across different continents, not only including country-specific details but also comparing the idiosyncratic characteristics of these national privacy laws to the GDPR. Valuable comparative information on data protection regulations around the world is thus provided in one concise volume. Due to the variety of jurisdictions covered and the practical examples focused on, both academics and legal practitioners will find this book especially useful, while for compliance practitioners it can serve as a guide regarding transnational data transfers. Elif Kiesow Cortez is Senior Lecturer at the International and European Law Program at The Hague University of Applied Sciences in The Netherlands.

The threats to privacy are well known: the National Security Agency tracks our phone calls; Google records where we go online and how we set our thermostats; Facebook changes our privacy settings when it wishes; Target gets hacked and loses control of our credit card information; our medical records are available for sale to strangers; our children are fingerprinted and their every test score saved for posterity; and small robots patrol our schoolyards and drones may soon fill our skies. The contributors to this anthology don't simply describe these problems or warn about the loss of privacy—they propose solutions. They look closely at business practices, public policy, and technology design, and ask, “Should this continue? Is there a better approach?” They take seriously the dictum of Thomas Edison: “What one creates with his hand, he should control with his head.” It's a new approach to the privacy debate, one that assumes privacy is worth protecting, that there are solutions to be found, and that the future is not yet known. This volume will be an essential reference for policy makers and researchers, journalists and scholars, and others looking for answers to one of the biggest challenges of our modern day. The premise is clear: there's a problem—let's find a solution.

Political science scholar James M. Curry explores the inner workings of Congress’s House of Representatives in this thought-provoking analysis. The 2009 financial stimulus bill ran to more than 1,100 pages, yet it wasn’t even given to Congress in its final form until thirteen hours before debate was set to begin, and it was passed twenty-eight hours later. How are representatives expected to digest so much information in such a short time? The answer? They aren’t. With Legislating in the Dark, James M. Curry reveals that the availability of information about legislation is a key tool through which Congressional leadership exercises power. Through a deft mix of legislative analysis, interviews, and participant observation, Curry shows how congresspersons—lacking the time and resources to study bills deeply themselves—are forced to rely on information and cues from their leadership. By controlling their rank-and-file’s access to information, Congressional leaders are able to emphasize or bury particular items, exploiting their information advantage to push the legislative agenda in directions that they and their party prefer. Offering an unexpected new way of thinking about party power and influence, Legislating in the Dark will spark substantial debate in political science. “Curry brings fresh insight and a breadth of evidence to bear on the role of information in lawmaking, including extensive interviews with legislators and staff and in-depth case studies of several pieces of legislation. Engagingly written, the book will enhance our understandings of congressional lawmaking and leadership and will be of interest to scholars of legislative studies and public policy.” —Tracy Sulkin, University of Illinois at Urbana-Champaign

Over the last several years, the realm of technology and privacy has been transformed, creating a landscape that is both dangerous and encouraging. Significant changes include large increases in communications bandwidths; the widespread adoption of computer networking and public-key cryptography; new digital media that support a wide range of social relationships; a massive body of practical experience in the development and application of data-protection laws; and the rapid globalization of manufacturing, culture, and policy making. The essays in this book provide a new conceptual framework for the analysis and debate of privacy policy and for the design and development of information systems.

The author evaluates the costs and/or gains and the interference (positive or negative) in the commercial, public administrative and social spheres that data protection laws have the potential to create, with numerous references to legislation and administrative decision making in a wide variety of jurisdictions.