The initial issue to point out with regard to both the Acts mentioned
is that they apply only to the public sector - neither Act applies to
the private sector. The key problems with the Privacy Act is that it
has wide exemptions, and lacks a credible oversight and
enforcement agency. There have been a number of papers
published on this point - I also have a book chapter on precisely
this topic due out shortly.
see further
Reidenberg Joel R. “Restoring Americans' Privacy in Electronic
Commerce”, Berkeley Tech. L. J. 14 (1999): 771-792
Reidenberg Joel R., "Setting Standards for Fair Information
Practice in the U.S. Private Sector” Iowa L.Rev. 80 (1995): 497-
551.
Schwartz, Paul M., “Privacy and Participation: Personal Information
and Public Sector Regulation in the United States” Iowa L.Rev. 80
(1995): 553-618
Schwartz, Paul M., Privacy and Democracy in Cyberspace,
Vanderbilt Law Review 52 (1999): 1609
Karl D. Belgum, Who Leads at Half-time?: Three Conflicting
Visions of Internet Privacy Policy, 6 RICH. J.L. & TECH. 1,
(Symposium 1999)
<http://www.richmond.edu/jolt/v6i1/belgum.html>.
Nothing Sacred: The Politics of Privacy
http://www.publicintegrity.org/nothing_sacred.html
Privacy and Democracy in Cyberspace, 52 Vanderbilt Law Review
1609 (1999)
<http://www.wcbcourses.com/wcb/schools/LEXIS/law08/pschwartz/
3/files/ VAND-SCHWARTZ.PDF>
The EU Commission's own working party has published several
papers on this subject - they are clearly of the opinion that taken
as a whole the US informational privacy regime as it currently
stands is inadequate to meet the standards of the Directive.
Data Protection Working Party, Opinion 1/99 concerning the level
of data protection in the United States and the ongoing discussions
between the European Commission and the United States
Government, 26 Jan. 1999, DG XV 5092/98.
<http://www.europa.eu.int/comm/dg15/en/media/dataprot/wpdocs/w
p15en.h tm>.
Andrew
> Is it always been reported that the USA does not have a data proteciton
> act and with our new Act we may have problems for transborder flow with
> the US.
>
> However the following two Acts have come to light and I would appreciate
> your comments on their status etc and how they affect the UK.
>
> I extract from the web site :-
>
> http://www.foipa.com/
> The Freedom of Information Act
> Public Law No. 104-231, 110 Stat. 3048
>
> he Freedom of Information Act establishes
> the right of the public
> to obtain information
> maintained by the federal or state
> government and their agencies
>
> and
> http://www.foipa.com/PAText.html
> THE PRIVACY ACT OF 1974
>
> which has many familiar terms and definitions
Andrew Charlesworth
Senior Lecturer in IT law
Director, Information Law and Technology Unit
University of Hull Law School
Hull, UK, HU6 7RX
Voice: 01482 466387 Fax: 01482 466388
E-mail: [log in to unmask]
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