Electronic Access to Information and the Privacy Paradox: Rethinking :'Practical Obscurity'

Details Electronic Access to Information and the Privacy Paradox: Rethinking :'Practical Obscurity' Electronic Access to Information and the Privacy Paradox: Rethinking :'Practical Obscurity'

2001-09-24

arxiv.org/abs/cs/0109083v1

Computer Science

Computers and Society

29th TPRC Conference, 2001

Scientific paper

This article addresses the U.S. Supreme Court's central purpose formulation in Reporters Committee v. Department of Justice under the federal Freedom of Information Act. By examining all lower federal court opinions interpreting Reporters Committee and by analyzing the effects of the Court's opinion on the implementation of the FOIA, the paper finds that the Court's opinion has greatly narrowed the scope of the FOIA and limited the power of EFOIA to democratize electronic information. To assist in remedying the damage to the public interest in freedom of information, the author urges judicial consideration of a Privacy Act case, Tobey v. NRB, that more subtly treats information collected by government about individuals. The paper concludes that the Privacy Act demonstrates clearly that information, particularly computerized databases, can not be treated categorically for purposes of access.

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