Privacy
Individuals’ ability to control the use and disclosure of personal information changes dramatically as new technologies emerge and social norms evolve. These changes can empower institutions over individuals, or free individuals from coercive powers of the private or public sector. The Samuelson Clinic is focused on several problems arising from these changes, with the goal of promoting a public interest vision for privacy.
Critical to understanding these dynamics is the idea that privacy creates breathing room for important values in a democracy. Privacy is a necessary condition for ability to associate freely, to speak freely, and to engage in unencumbered intellectual exploration. While well-intentioned, video surveillance cameras, identification systems, and profiling systems can affect how we participate in democracy. They can empower the government to sort individuals according to terms that are discriminatory or political. The Clinic’s advocacy connects privacy and democratic values, with the goal of accommodating legitimate needs of law enforcement while preserving individuals’ rights. The private sector has less coercive power than the government, but in recent years, information sharing collaborations between the private and public sectors point to the need to rethink whether commercial collection poses similar risks as when the government obtains personal information. Databases of consumer information are becoming richer, more predictive, and are used in more contexts, thus affecting individuals’ autonomy. The Clinic’s advocacy is focused on identifying these developments and empowering individuals to access, correct, and limit reuse of personal data. The Clinic also focuses on the problem of security breaches and identity theft. Professor Mulligan, in collaboration with now California Senator Joseph Simitian, developed AB 700, known popular as SB 1386, which established a duty among businesses and California government agencies to give individuals notice of security breaches. The Clinic is exploring the effects of these laws in institutions. The Clinic is also focused on the problems posed by identity theft: how can we reduce the incidence and severity of this crime? How can costs of identity theft passed on to consumers be internalized by thieves and credit grantors who enable the crime? |
Clinic News
|