Overview on Privacy
"The
right to be left alone -- the most comprehensive of rights, and the right most
valued by a free people." - Justice Louis Brandeis, Olmstead v. U.S. (1928).
Use
the references below to learn about privacy. It is important that you gain an
understanding of the current laws in place today, if any, and what are the most
recent controversial issues of today concerning privacy. You are expected to
use the below references to answer certain questions from the pre-class
worksheet.
Selected portions of the Constitution of Argentina
(Translated
by Fernando Das Neves)
Article
18:
A
personís home is out of the reach of the state for inspection purposes, as are
mail and private papers too; a law will decide which cases and what reasons
will allow for police forces to execute a search warrant or entering the house.
Article
43, Section 3
Any
person will be able to request this action [speaking of habeas data] to know
the content of all the data pertaining to him or her and their usage, contained
in public or private records and databanks, whose purpose is to provide
reports. In case of falsehood of information or its use for discriminative
purposes, a person will be able to demand the deletion, correction,
confidentiality or update of the date contained in the above records. This
article will not affect the secrecy of sources in journalism.
NOTE:
As of today this article was not "regulated", meaning that the
specific way in which this article is going to be applied and enforced have not
been made into law. For reasons unknown to the general public since 1994 the
Argentinean congress has ignored 3 intents of made this article into a law. A
suspected cause is the strong influence and opposition of credit and marketing
data bank companies.
Pre-Class
Worksheet for Privacy
Name : __________________________
1.) What is the DNI in Argentina?
2.) Suppose a company is maintaining incorrect information about you. How should that situation be corrected considering both your rights and the companyís rights?
3.) What are the five principles of "The Code of Fair Information Practices"?
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4.) Identify several commonalities between Argentinan and American privacy laws.
5.) Do you feel the government should be able to perform wiretaps on your home/business telephone?