The fight for privacy in the digital age

A full committee hearing on “Protecting Personal Information: Is the Federal Government Doing Enough?” was led by Chairman Sen. Joseph Lieberman (D-Conn.) and Ranking Member Sen. Susan Collins (R-Maine). Lieberman said that the United States needs to be concerned because new types of personal information and technology have led to justified concerns about privacy. Collins agreed and said that the battle for privacy is one worth waging in the digital age.

Lieberman explained that new technologies to gather, share, and store huge amounts of information have dramatically altered the privacy landscape. These new technologies and data practices that go along with them have overtaken some of the core definitions of the Privacy Act of 1974, and Lieberman said that revisions need to be made. Collins explained that the government needs to be diligent as technology develops rapidly. She said that Congress should build on the success of the original law and inspire confidence of the American public that the U.S. government is protecting their privacy.

Linda Koontz, the Director of Information Management Issues in the U.S. Government Accountability Office, agreed with both senators and said that the Privacy Act does need to be revised. She explained that the systems of records are too narrow and not all methods protect privacy. Hugo Teufel, the Chief Privacy Officer of the U.S. Department of Homeland Security, said that the government needs to focus on five different areas when dealing with the protection of personal information: policy, process, incidence and breeches, education, and outreach.

Ari Schwartz, the Vice President and Chief Operating Officer of the Center for Democracy and Technology, asked “how can privacy be improved?” He said that the structure of the Privacy Act is solid but, as technology improves, not all areas of privacy are covered. Schwartz said that some agencies are becoming “promiscuous with data,” losing track of and giving away vital, personal information. Peter Swire, a Professor of Law at the Moritz College of Law at The Ohio State University, explained the importance of good leadership when dealing with privacy issues. He said that a privacy official would allow for coordination across agencies, would act as a source of expertise, would be available for special projects, and serve as a single point of contact. Everyone urged for the Committee to act this year and draft a bill of recommendations to improve the Privacy Act.