The Computer and Personal Privacy, Part III: The Regulation of Computer Records in the United States

Pages11-21
Published date01 March 1989
DOIhttps://doi.org/10.1108/eb047762
Date01 March 1989
AuthorMichael Rogers Rubin
Subject MatterInformation & knowledge management,Library & information science
The Computer and Personal Privacy, Part III:
The Regulation of Computer Records
in the United States*
Michael Rogers Rubin
The major federal and state laws that govern the
privacy aspects of the use of computer data banks
fall into three types of relationships between in-
dividuals and institutions: 1) individuals dealing
with private institutions such as colleges or uni-
versities, 2) individuals interacting with state and
local governments; and 3) individuals interacting
with the federal government. A separate section
is devoted to each of these relationships, contain-
ing assessments of the effectiveness of the legal
mechanisms that mediate them. The ability of pri-
vacy laws that are presently on the books to pro-
tect us from abusive information collection, dis-
semination, and management practices is specifical-
ly considered.
"Better no rule than cruel rule."
--Aesop, The Frogs Desiring a King
In this article, we examine the laws that exist
today in the United States to protect individual
privacy from the threat of computerized data files.
This is no small task, since some databases are
regulated by federal laws, others are regulated
at the state or local level, and many databases
are not regulated at all. In the United States,
then, a study of laws governing computerized data
files must take into account a confusing array of
statutes that have been enacted at all levels of
government. Thus, the laws on computers and
personal privacy in this country seem disjointed
and confused when viewed in comparison with the
data protection laws enacted by the central govern-
ments of several Western European countries. As
we saw in an earlier article,1 these laws regulate
the data files operated by all elements of society,
including both governments at all levels and busi-
nesses.
No laws exist in this country that are directly
comparable to the all-encompassing data protection
laws of such countries as Great Britain, West Ger-
many, or France. In the United States, as a general
rule,
the central government regulates only those
computerized databases that are in its possession
and directly under its control. The Privacy Act
of 1974, which we will study in more detail later,
is the federal law that governs federal databases,
including income tax records, census records, Social
Security records, and employee records, to name
but a few. In some limited circumstances, however,
the federal government regulates databases that
Rubin is an attorney and economist. The
views expressed in this article are strictly his own.
He is principal author of The Knowledge Industry
in the United States, 1960-1980, which was pub-
lished by Princeton University Press. He has also
authored Information Economics and Policy in the
United States, Littleton, CO: Libraries Unlimited,
1983.
This article is based on a portion of his
book, Private Rights, Public Wrongs: The Computer
and Personal Privacy, Norwood, NJ: Ablex Publish-
ing Corp., 1989.
* © Copyright, 1989. Michael Rogers Rubin
ISSUE 27 11

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT