Chapter 4. Legal Threats to Individual Privacy

Privacy is a fundamental human right recognized in the UN Declaration of Human Rights and the International Covenant on Civil and Political Rights. Many constitutions around the globe recognize privacy as a right. Privacy can be achieved, but there are many roadblocks in keeping data private and secure in our connected world. Threats to your privacy can come from many sources, some of which are legal according to the letter of the law. Different countries approach the privacy rights issue via various means; threats to individual privacy are addressed in laws and constitutions. But as any good lawyer will tell you, there are ways around the law to get what you desire. In countries such as the United States, privacy is not explicitly in the constitution, but laws that have been passed give some assurance of the right to privacy. International agreements, such as the International Covenant on Civil and Political Rights or the European Convention on Human Rights, recognize privacy rights. These international agreements provide some acknowledgement of the privacy issue between countries.

Legal threats to privacy come from different sectors. An organization that holds personal data does so usually for some valid purpose. The caretakers of personal information and the consumer each have an interest in the proper use of such information; it is mutually beneficial to share information. When a business invades or abuses the consumer's privacy, the consumer has been exploited for some reason other than was intended when the information was turned over to the business. The advancement of technology is the driving factor behind privacy violations. The ability to collect, analyze, and disseminate information on individuals has bypassed all previous laws dealing with consumer information. The use of technology is also a driving factor behind changes in legislation to address new threats to the consumer. New developments in medical research and care, telecommunications, and financial industries (to name a few) have increased the level of information generated by each individual and the need for laws to protect the consumer now and in the future. The ties between industries such as medical and insurance have increased the breadth of information disseminated. Laws such as the Health Insurance Portability and Accountability Act (HIPAA) that should protect consumers can also be used to share personal medical information with insurance companies. Comprehensive profiles on any person can be developed with information such as medical history, insurance claims, and financial history.

Technology has given these entities legal means of compromising consumer privacy. If your insurance company can determine how much money you make or know everything about your financial and medical history, it can use this information to market services to you or restrict access to insurance. For example, if it knows you have a bad heart condition, it won't sell you life insurance, or if it knows you make a million dollars a year, it can raise your premiums or spam you with marketing e-mails.