How many times have we heard the expression that "you are what you eat"? But what if that were extended to what you drive, what you read, where you work, what you spend, and much more. What if this information was being gathered by unknown people for uncertain purposes in digital format, would this "digital dossier", which might be used to make decisions about you, be accurate? Well they do exist and are assembled and used by people and groups that you may not even know about, even though the use may have a direct impact on your life.
So you might then ask if existing legal frameworks provide any protection or recourse to keep a handle on the information? In The Digital Person: Technology and Privacy in the Information Age (2004, New York University Press, 282 Pages, ISBN 0814798462), George Washington University Law Professor and privacy law expert Daniel J. Solove weaves history, legal precedents, changes in society/technology, and discussions of practical business/marketing into a narrative that is not only easy to read and understand, but one that must be read by anybody who wants to discuss and understand privacy in a meaningful way.
Solove, who also co-authored Information Privacy Law in 2003, starts out by laying the groundwork for the privacy discussion. He outlines how information databases came to be and how they have evolved. He then provides the basis for the metaphor he wants to present, showing that it is not the Orwellian world of 1984 we need to fear, but the world imagined by Kafka in The Trial that should be of concern to individuals. Having never read The Trial, I found this discussion to be fascinating and in some ways changed some of my thoughts on the issue, while reenforcing others.
The meat of the book, which is built on his metaphor, is that current privacy laws in the United States have not kept up with technology, and that unless they are changed, individuals will continue to be helpless in controlling their information (which may or may not be private). As he points out, consumers are always at the wrong end of one-sided contracts when it comes to information surrounding their information. Acknowledging that the information genie is indeed out of the bottle, Solove hones in on discussions about what the laws need to address, but how this may not be so easy. The key is defining what is meant by "Secrecy" and "embarrassment". Also key is that the risks we face, given that so much of our lives is already catalogued, are the result of indifference or mistakes on the part of the people who hold the data. It is also the fact that this indifference and chances for error are magnified because there is no market or economic incentive for companies to have privacy policies that work for the consumer and have some teeth.
He develops a framework for legal changes that centers on the 4th and 5th amendments of the constitution, providing examples how in some areas the courts have evolved as technologies change. But part of the challenge, as he points out, is the patchwork of laws in the United States that conflict, overlap, and in sone case are too inclusive in their implementation.
It is unclear from this book how the changes he proposes can be accomplished. Consumers are not united enough and do not have deep enough pockets to fight for the change. If the book has only one shortcoming, it would in my opinion be lack of discussion of this imbalance. In light of this, it only rates 5 stars instead of 5++.
Who Should Read This Book?
This book should be read by anybody who wants to gain a solid foundation to understand and discuss privacy issues in a meaningful manner.
The Scorecard
A Double Eagle on a long Par 5 playing into the wind.
