An Act of Privacy
john posted in politics & culture on June 30th, 2005
caveat: my personal data has not yet been stolen, as far as I know, by greedy unscrupulous computer data thieves. It is held by numerous greedy, unscrupulous organizations.
My data and your data is held by banks, brokerages, schools, governments, insurance companies, medical companies, credit card companies, retail companies, on and on. In short, your personal data is managed by every sort of unscrupulous, greedy institution on the planet, except you. All these institutions can withhold, update, or give out your data at their discretion. You, on the other hand, have far fewer options, unless you choose to lead an Amish life.
Think this talk is paranoid? Your bank sells your data to a variety of direct-mail companies. Just ask them. Your DMV sells your data to anyone who will pay. Your Federal Census gives away your data. Check your credit card receipts - about half will show your full account number. Join an association like AARP for instance, then check your junk mail.
Today in the LA Times, Michael Hiltzik writes a column about his data being lost by the BofA. He wonders why his data was on a laptop at all, and why they aren’t taking better care of it.
I know why the holders of your data don’t respect your privacy - they think your data belongs to them.
So, in the spirit of California’s crazy propositions, I propose an amendment to the Constitution. The amendment shall state that personal data, such as phone number, address, vital statistics, electronic or other virtual address, income, IRS data, birth date, social security number, account numbers, medical information, right down to shoe size shall be considered property of the individual. Each statistic shall be considered a separate piece of property. Any use of whatever kind of this property shall be considered felony theft, unless explicit written or electronic secure permission is given for each separate occurrence of use. Short, but mandatory prison sentences shall be given out for stealing this property. Blanket future permissions are expressly forbidden.
This is intended to make spam a felony, direct-mail a felony, unsolicited commercial phone calls a felony. Losing, selling, or giving away your data is a felony. The most important rule in this proposal is a change from opt-out to opt-in sharing. You automatically own your data, and willingly choose to let it be used, when you see a benefit - opt-in - instead of the flimsy do-not-call list style- opt-out- which requires you to fend off the automated advances of hundreds of parasitic organizations.
Since all of the institutions that hold your data are political donors or governments, there is precious little chance of passage.