Chapter 8 - Privacy

Abstract

This chapter provides an overview of the current status of the US privacy law, the major areas not addressed by the US law, the laws' application to modern telecommunications technologies, a brief comparison of US law to privacy law in the European Union, and the direction that US privacy law is heading in. The term privacy, used in telecommunications law today, encompasses the expectations by individuals to control the confidentiality, accuracy, and application of their personal information. Currently, however, US law allows the extensive collection and use of such information without the permission of the individual. This is because US law tends to view personal data as a resource to help companies identify potential customers, and to serve existing customers. Other countries, such as the member states of the European Union, however, view privacy as more of a human rights issue. US privacy law operates mainly on privacy statements offered by companies to their customers and industry codes of conduct, rather than a concerted, directed body of law. Modern telecommunications networks allow that information to be accessed, analyzed, and transported across the country or around the world at speeds never before possible. Information that people once believed was private and confidential is now being compiled and used without their knowledge or control. These issues affect both customers and providers of the systems.