The Digital Person: Technology and Privacy in the Information Age

By Daniel J. Solove | Go to book overview

6
Architecture and the
Protection of Privacy

Although information privacy law has taken some important steps to protect privacy, it has thus far suffered numerous failures and difficulties in addressing the privacy problems we are currently facing with digital dossiers. Why has such a diverse body of law failed to be effective? In a world constantly being transformed by technology, how can we erect a robust and effective law of privacy when the ground is constantly shifting?


Two Models for the Protection of Privacy

The Invasion Conception. The question of how to protect privacy was of paramount importance to Samuel Warren and Louis Brandeis in???? when they wrote their profoundly influential article, The Right to Pri- vacy. The primary remedy for privacy invasions, they suggested, should be a tort action for damages, and to a limited extent, injunctions and criminal penalties.1

Warren and Brandeis's conception of privacy problems has been highly influential in the development of privacy law, and I will refer to

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The Digital Person: Technology and Privacy in the Information Age
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgments xi
  • 1: Introduction 1
  • I - Computer Databases 11
  • 2: The Rise of the Digital Dossier 13
  • 3: Kafka and Orwell 27
  • 4: The Problems of Information Privacy Law 56
  • 5: The Limits of Market-Based Solutions 76
  • 6: Architecture and the Protection of Privacy 93
  • II - Public Records 125
  • 7: The Problem of Public Records 127
  • 8: Access and Aggregation Rethinking Privacy and Transparency 140
  • III - Government Access 163
  • 9: Government Information Gathering 165
  • 10: The Fourth Amendment, Records, and Privacy 188
  • 11: Reconstructing the Architecture 210
  • 12: Conclusion 223
  • Notes 229
  • Index 267
  • About the Author 283
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