As I watch my friends post their life on Facebook and elsewhere — for example, statements about a class they’re taking or photos of drunken soirees — I wonder if they realize how that information could be used to their detriment at some point.
In America, our concern for privacy and personal data isn’t nearly as culturally ingrained as it is in Europe. The creation of the Internet and its evolution has only heightened Europeans’ concerns. As such, a replacement to the European Union’s landmark 1995 Directive on the processing of personal data and its movement is forthcoming.@@America sucks, Europe rocks.@@
And I think for good reason.
Not only are people’s reputations at stake, but what would happen if personal data fell into the wrong hands or was used for purposes other than it was originally collected for? Or why was personal data needed in the first place? What recourse do individuals have to unlawful processing? That Directive answered this and much more.
America, however, seems to be a different story.
Even as of now, American law falls short. Additionally, there is no regulation of the private sector (e.g., Facebook) nor is there a federal agency overseeing regulation of data protection matters.
An extensive comparative study found that “the United States carries out data protection differently than other countries, and on the whole does it less well” — in other words, little regulation or explicit rules exist that dictate how personal data is used and collected.
And I have to agree.
When I took a privacy and data protection class at the University of Oslo’s Law Faculty, our teacher kept returning to EU-US comparisons of data protection and privacy legislation, with the above quote succinctly summarizing his thoughts.
While I was there and looked back at my life in the States, I realized how vulnerable I was.
Companies using my information for purposes other than reasons stated upon collection. Companies holding on to my personal data (e.g., Google search histories, visits to various political websites, online purchases). Companies transferring my personal data to other entities without my permission, etc.
Even if their privacy terms and policies say this, how realistic is it to accept them when not doing so would largely keep you offline? In this day and age, that is a rather daunting and unreasonable task.
Essentially, though, why should any of us trust what they do with our data, especially when they are so unregulated? And as I mentioned last week, if they are corporations (e.g. Google, Facebook), they have a legal mandate to maximize profits and will do what it takes to achieve that. If there are no laws in place, they have no limits to how they fulfill that mandate. And as such, you get the above company actions.
For a long time before this class, I wondered what could be the matter with unregulated personal data collection. At the time, I don’t think there had been much cause for alarm about my own data being collected. After the class, I had been much more careful, but something was missing.
Last week, though, something hit me.
I was reading a class-assigned book chapter by Michael Solove, a prominent American privacy lawyer and scholar, where he writes about how many people will face significant consequences by having personal information online. Employers are increasingly looking at applicants’ social-networking profile pages when making hiring decisions. College admissions officers are acting similarly when making decisions on applicants. And the searches aren’t limited to just these kinds of websites.
He goes on to cite studies, showing how such information gleaned has had negative impacts.
So, when I watch messages and pictures go up on Facebook and other sites, I keep returning to his chapter.
Reputation matters, and the problem with the Internet is that what is on there is permanent. The likelihood of having second chances is fading. What you did when you were 18 could haunt you when after college you apply for a job, a loan, an apartment.
All of this made me wonder how the University vets its undergraduate, graduate and law school admissions applications.
After checking the “how to apply” for each of these categories, nowhere was there a statement saying that resources (i.e., Google searches, social networking sites, etc.) other than those asked for on the application would not be checked.
I am not accusing University admissions for any of the above applicant types of doing this. However, this is a valid concern, one that prospective students need to be aware of when they apply: That only information asked for on the application will be used in determining their acceptance.
And there needs to be teeth behind this, allowing the student to file a grievance to a body within the University that has the ability to investigate whether they were wronged or not.
It shouldn’t all depend on the individual to take care of their personal data. The University needs to help by providing prospective students a guarantee that they have a fair shot of acceptance when they apply.