Privacy

Recap of Scenario:
    A college student puts information on the Internet. This information alleges that a child in a family that he does not know is being mistreated. The information is specifically designed to cause a response in the form of phone calls to this girl’s mother. The phone calls do in fact come. Some of them are threatening. However, the end result is that the girl’s situation is improved so the author of this information is not repentant.

The Dilemma:
    Should he have been allowed to post this information and does it violate the privacy of the family in question?

United States Response:
The right to privacy is not directly specified by the Constitution.
The Privacy Act of 1974 covers only organizations, not individuals.
This action is illegal if the information was obtained illegally.
This action is illegal if the claims are false, i.e. slander or libel.

Malaysian Response:
The Malaysian Constitution does not grant a right to privacy.
The Personal Data Protection Bill is being developed to handle this type of situation.
The student's actions would be classified as illegal under the new bill.

Closing Comments:
    The United States and Malaysia do not agree as to the legality of this action. Under the new Malaysian bill, the student would be held accountable for a collection of violations. These include possessing and distributing personal information without the permission of the family, and he can also be help responsible for any distress that his actions caused. For the student to be held legally responsible in the United States, he would have to be charged on a minor technicality. For instance, if it could be proven that the information was false, or that he obtained it in a fashion that was illegal, then he could be held and prosecuted for those violations. Baring illegally collecting the information, or the intent to commit slander and/or libel, the actions of this student are legal under United States law. The limited laws that do directly address the issue of publishing private data without permission can only be applied to organizations, and not to individuals.

    Clearly, the United States and Malaysia have differing views on exactly what rights an individual has in regards to privacy. United States law only covers organizations handling private information, while Malaysia covers organizations and individuals. As technology advances, and information becomes easier to obtain and dispense, this issue will be raised again and again, leaving law makers to scramble for the proper answers to these difficult situations.
 

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