Privacy Rights

Verified Timeline

Lore & Background

The history of privacy law began in 1968 when the Council of Europe studied the effects of technology on human rights, recognizing threats from computer technology that could link and transmit data in new ways. In 1969 the OECD began examining implications of personal information leaving the country. This led to Convention 108 in 1981, the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. One of the first privacy laws was the Swedish Data Act in 1973, followed by the West German Data Protection Act in 1977 and the French Law on Informatics, Data Banks and Freedoms in 1978. In the United States, concern over privacy policy starting around the late 1960s and 1970s led to the Fair Credit Reporting Act, which gave consumers the opportunity to examine their credit files and correct errors. The Privacy Act was passed in 1974. Canada established a Privacy Commissioner under the Canadian Human Rights Act in 1977, and a new Privacy Act in 1982.

In Their Own Story

In 1995 the European Union introduced the Data Protection Directive for its member states. Many organizations began drafting policies to comply. That same year, the U.S. Federal Trade Commission published the Fair Information Principles, providing non-binding governing principles for commercial use of personal information. The United States does not have a specific federal regulation establishing universal implementation of privacy policies. Congress has considered laws like the Consumer Internet Privacy Enhancement Act and the Online Privacy Protection Act of 2001, but none have been enacted. In 2001, the FTC stated an express preference for 'more law enforcement, not more laws' and promoted industry self-regulation. The FTC enforces privacy policies as promises using authority from Section 5 of the FTC Act, which prohibits unfair or deceptive marketing practices. Private parties sometimes enforce privacy policies through class action lawsuits, though arbitration clauses often prevent this.

Reader's Guide

The exact contents of a privacy policy depend upon applicable law and may need to address requirements across geographical boundaries and legal jurisdictions. Most countries have their own legislation. In general, data protection laws in Europe cover both the private and public sectors. In the United States, specific federal laws govern privacy policies in certain circumstances: the Children's Online Privacy Protection Act affects websites collecting information about children under 13; the Gramm-Leach-Bliley Act requires financial institutions to give clear statements of information-sharing practices; the Health Insurance Portability and Accountability Act requires notice of privacy practices for health care services; the California Consumer Privacy Act gives consumers control over personal information businesses collect; and the California Privacy Rights Act of 2020 expands privacy obligations. Canada's federal Privacy Law, the Personal Information Protection and Electronic Documents Act, establishes rules for collection, use, and disclosure of personal information by commercial organizations. The Privacy Commissioner of Canada acts as Ombudsman for complaints, working through voluntary compliance.

Did You Know?

• One of the first privacy laws ever enacted was the Swedish Data Act in 1973.
• The United States does not have a specific federal regulation establishing universal implementation of privacy policies.
• In 2001, the FTC stated an express preference for 'more law enforcement, not more laws' and promoted industry self-regulation.
• The California Consumer Privacy Act gives consumers more control over the personal information that businesses collect about them.
• Canada's federal Privacy Law applicable to the private sector is formally referred to as the Personal Information Protection and Electronic Documents Act.

Origins and Historical Usage

In 1968, the Council of Europe began to study the effects of technology on human rights, recognizing the new threats posed by computer technology that could link and transmit in ways not widely available before. In 1969 the Organisation for Economic Co-operation and Development began to examine the implications of personal information leaving the country. This led the council to recommend that policy be developed to protect personal data held by both the private and public sectors, leading to Convention 108. In 1981, Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data was introduced. One of the first privacy laws ever enacted was the Swedish Data Act in 1973, followed by the West German Data Protection Act in 1977 and the French Law on Informatics, Data Banks and Freedoms in 1978.

Legal Ambiguity and Media Impact

In the United States, concern over privacy policy starting around the late 1960s and 1970s led to the passage of the Fair Credit Reporting Act. Although this act was not designed to be a privacy law, the act gave consumers the opportunity to examine their credit files and correct errors. It also placed restrictions on the use of information in credit records. Several congressional study groups in the late 1960s examined the growing ease with which automated personal information could be gathered and matched with other information. One such group was an advisory committee of the United States Department of Health and Human Services, which in 1973 drafted a code of principles called the Fair Information Practices. The work of the advisory committee led to the Privacy Act in 1974. The United States signed the Organisation for Economic Co-operation and Development guidelines in 1980.

The Hatfill Case and Legal Repercussions

The source does not mention Steven J. Hatfill or any case involving a 'person of interest' designation, legal repercussions, or settlements. This section cannot be written from the source.

Cultural Presence and Fictional Adaptations

The source does not mention any television series or film titled *Person of Interest* or any fictional adaptations of privacy concepts. This section cannot be written from the source.

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