US Privacy Laws Explained

US Privacy Laws: Explained

Recent years have shown a steady increase in what is called "an invasion of privacy" in the United States. As companies vie for information and people in general become less discreet with information, it seems that private data is no longer private. Knowledge is power and the power to obtain private information means money. So on one hand, society endures companies collecting and redistributing private data for the sole purpose of making a dollar while on the other hand they are people giving away private information on the internet as a form of entertainment. Either way, this trend to disclose whatever one has on someone else is a blatant blow to individual privacy.

The basic privacy act was written into law in late1974. But there have been many amendments since then and in fact, more laws have been written to complement and enhance the original law as technology and business methods advance. The Federal Trade Commission (FTC) enforces the laws as they relate to consumer protectionism. Also, individual states have mandated privacy laws to deal with current trends and abuses of information collection and distribution.

But the reality of today's world is that privacy laws do not expect nor anticipate the number of ways in which a person's privacy is breached. Take the following incidents for example and one can clearly see that these represent an invasion of privacy but at the same time, are these breaches enforceable?

Use of Cell Phones as Cameras - Everyone owns a cell phone and most cell phones have the functionality of a camera or video recorder. The owner of the cell phone sees something funny and takes a picture. But did the person have the right to infringe on another's privacy by taking that picture? And we have seen videos from cell phones being used in both negative and positive ways. Cell phone footage has been entered into testimony to help with crimes. On the other hand, sexual deviants have used cell phones to photograph women in washrooms. So, while it may be illegal to take someone's photo without permission, there are definite incidences where cell phone cameras have helped.

Cameras on Street Posts - This concept is a hot issue in many American cities. Neighborhood watch groups and police have agreed that the use of street cameras has lowered crime simply through deterrence. But privacy advocates feel that the honest person's rights are being violated. Why should innocent people have their movements tracked in order to deter criminals?

Photo Posting on the Internet - With the advent of social websites where each member tries to outdo the other in bizzarity, people are posting photos of everything and everyone with no regard to privacy laws. Moreover, in fits of vindictiveness, members are even publishing private information about other individuals.

Selling of Lists - Most people do not give their consent to have their information sold. When they set up an account with a utility company or another service, no one asks if the company can sell the person's name and address, yet regularly, people receive junk mail because the companies do in fact sell their lists.

Telemarketers - Having people call all day long infiltrating one's personal space and time is not only a nuisance but also an invasion of privacy. And while governments have sought to rectify the problem with Do Not Call Lists, the issue prevails.

Search Engines Collecting Data - Again the internet has become a conduit for the invasion of privacy. In recent cases, search engines have actually provided government agencies with search queries of its users. These lists are not buying habits nor are they information to help companies better understand their customers but rather the lists are being used to find criminals. And how does one justify not being a criminal when legitimately researching a topic through a search engine?

Indeed, privacy laws have come to encompass long reaching issues. Advanced technology and society's need for better services and information has created a positive environment in which to live while at the same time stomping on an individual's right to privacy.