In 1974, the Privacy Act was established which was a code of fair information that governs the collection, maintenance, use, and dissemination of information. The information is maintained in systems of records by the federal agencies. The Privacy Act was created due to the creation and use of computerized data bases that would hold information and could have impact on people’s individual’s privacy. This was considered to be a safeguard practices, through four levels individuals were able to have rights within a person’s information. The first level requires the government to show any personal recorders that are kept on them. Secondly, government officers are meant to require agencies to follow the “fair information practice.” Third, the government has placed restrictions on how agencies can share information with other people. Finally, individuals can sue the government for violation provisions. Although, there are some exceptions to the Privacy Act. One example is when officers and employees of agencies, need to maintain record. Since, these records are used to perform their duties they are able to be confiscated. Within society there’s a thin line between what is allowed and what is seen as an invasion of privacy. Although, one person may see confiscating a phone or access to email could be used as a privacy violation, others might see it as security. This happens with big companies like Apple and the United States government. Apple has been known for having technology that is very advanced. In California, eight people were shot in an apartment complex. The FBI asked Apple to unlock a phone which belonged to one of the San Bernardino shooters. Apple felt that giving the FBI access and teaching them how to unlock an IPhone was violating the privacy of all Apple users. This can be seen as both a privacy and security issue. On one side the FBI, needs the information to be able to assist future shooter case. Apple didn’t give the FBI the needed information to unlock the phone. The state of California stood by the FBI and issued a court order requiring Apple to unlock the phone. Apple ignored the court order and refused to create software. Individuals can debate that opening the device of one individual can allow the government to have control over many. The FBI hired a third party participate, who was able to unlock the phone. Many people have assumption that the government listen to our conversation already. At the same time, I think that Apple should be fined for their actions because this was a serious case. One thing I was wondering is why the Privacy Act, in this specific cases wasn’t seen as an exemption. Since the government needed to gather information for a case. I also think that the government has a right to protect people more compared to their privacy. If that phone, had information about potential crimes or just information to help to build a stronger cases against the person being charged it is important to put them in the correct place. I think that there’s a thin line between both security and safety. I also think it is important to be able to identify both.
Source:
https://www.justice.gov/opcl/privacy-act-1974
TyenaGarcia 