| This project explores how the growing computerization of government information is affecting the balance between personal privacy and public and media access to that information. The following questions are addressed, using legal and historical research to analyze court cases, legislation and legislative histories, and other sources: Have computer privacy concerns affected public policy and legislative activity related to government information practices? Have computer privacy concerns affected court opinions dealing with privacy-access issues? Have legislation and court opinions reduced, or threatened to reduce, access to computerized government information?; Analysis suggests concerns about computers and privacy run wide and deep, dating to a proposal in the early 1960s for a National Data Center to pool information from various federal agencies. Computer privacy concerns raised during congressional hearings over the data center proposal eventually led to passage of the Privacy Act of 1974.; A review of court cases shows computers are raising novel issues, some of which are skewing the traditional balance between privacy and access to government information. Issues fall into three categories: technical and mechanical, interpretational and definitional, and public policy.; Technical and mechanical issues arise when access is reduced simply because a machine stands between the record keeper and the information requester and the record keeper is unable or unwilling to use the computer to effect access.; Interpretational and definitional problems related to access terminology and agency duties arise because most record laws and customs developed when government information existed primarily on paper. When the same information is in a computer, record keepers are not sure what responses are required to satisfy legitimate access requests.; Public policy questions have been centered on the nature of computerized information and whether it poses a greater threat to privacy than the same information in paper form.; The access/privacy issues raised when government information is in computers, and their potential threat to legitimate public and media access, indicate a need for legislatures to revisit access legislation to ensure it remains viable. To this end, a descriptive model is proposed to show the relationship between access and privacy in the computer age. |
