Notes

Outline

Privacy and the Right to Know Grayson Barber, Esq. Grayson Barber, LLC

What is Privacy? Personal security Control over personal information Freedom from unreasonable searches and seizures Individual dignity Property interest in name, image or likeness The right to be left alone

Constitutional Privacy Protection First Amendment right to free expression Fourth Amendment freedom from governmental overreaching Substantive liberty interests New Jersey State Constitution

Federal Statutory Privacy Protection – A Patchwork   Freedom of Information Act Federal Privacy Act of 1974 Fair Credit Reporting Act of 1970 Cable Act of 1984 Electronic Communications Privacy Act   Polygraph Protection Act of 1988 Telephone Consumer Protection Act Children’s Online Privacy Protection Act

Fair Information Practices Relevance Purpose Use Limitations Quality Security Access Consent Accountability

Fair Information Practices Relevance

Fair Information Practices Relevance Purpose

Fair Information Practices Relevance Purpose Use Limitations

Fair Information Practices Relevance Purpose Use Limitations Quality

Fair Information Practices Relevance Purpose Use Limitations Quality Security

Fair Information Practices Relevance Purpose Use Limitations Quality Security Access

Fair Information Practices Relevance Purpose Use Limitations Quality Security Access Consent

Fair Information Practices Relevance Purpose Use Limitations Quality Security Access Consent Accountability

Reasons for Fair Information Practices Ensure data collection is fair and subject to law Build consumer confidence Establish stable business environment Reap benefits of new technology while safeguarding key interests

Notice and Opt-Out Gramm-Leach-Bliley

Gramm-Leach-Bliley

Gramm-Leach-Bliley

Gramm-Leach-Bliley

Notice and Opt-Out Gramm-Leach-Bliley “Privacy statements” are reservations of rights, disclaimers, warning labels Enforcement is difficult No private cause of action Market-based practices fail to protect privacy Amplification effect

Failures in Self-Regulation Identity theft Prozac in the mail Toysmart.com Scarlet letters

What Is To Be Done? Open government Opt-in for disclosures of personal data Fair information practices Allow lawsuits for invasions of privacy New laws for new technologies Ask what actually works

Open Records are Essential for Protecting Privacy Free expression and privacy are both essential for democracy Without open government, there is no privacy Open records can shed light on government without disclosing personal information about individuals

What Can You Do? Contact your legislators  New Jersey Financial Privacy Act A-3216 and S-2245  www.njleg.state.nj.us

What Can You Do? Speak up! Attend meetings of the Privacy Study Commission www.nj.gov/privacy  Write to the PSC       privacy@dca.state.nj.us