Defense of Privacy Act and Privacy in the Hands of the Government: Joint Hearing Before the Subcommittee on Commercial and Administrative Law and the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, First Session on H.R. 338, July 22, 2003, Volume 4 |
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106th Congress ACLU agencies to consider American Conservative Union bill Bob Barr Chairman Chabot ChoicePoint citizens civil liberties COBLE Commercial and Administrative commercial data commercial databases concerns Congressional consider the privacy Counsel Credit reporting crime data mining Defense of Privacy Dempsey Department disclosure of personal E-Gov Act E-Government Act ensure ernment Fair Information Practices final privacy impact foreign intelligence Fourth Amendment Government agencies Government intrusion Homeland Security Act identity theft important individual privacy initial JERROLD NADLER joint hearing judicial review Judiciary Committee Know Your Customer law enforcement legislation ment Murphy NADLER oversight PATRIOT Act personal information personally identifiable information PREPARED STATEMENT Privacy Act privacy impact analysis privacy impact assessment privacy implications privacy issues Privacy Officer privacy protection privacy rights problem proposed rule protect the privacy purpose questions records regulations Regulatory Flexibility Act Senator Grassley STEVE CHABOT terrorist thank tion WATT
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Page 8 - for the Court in Boyd v. United States that the doctrines of the fourth and fifth amendments, quote, "apply to all invasions on the part of the Government and its employees of the sanctity of a man's home and the privacies of life," unquote. More importantly, in his concurring opinion, in Katz v. United States, Justice
Page 9 - that the doctrines of the Fourth and Fifth Amendments "apply to all invasions on the part of the government and its employees of the sanctity of a man's home and the privacies of life.
Page 19 - need to require the agencies to disclose how they are using this data and to walk through many of the questions that are in this legislation. Thank you, Mr. Chairman. [The prepared statement of Mr. Dempsey follows:] PREPARED STATEMENT OF JAMES X. DEMPSEY Chairman Cannon, Chairman Chabot, Members of these two Subcommittees, thank you for the opportunity to testify
Page 21 - Privacy Officer's statutory responsibilities include "evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the Federal Government and "conducting a privacy impact assessment of proposed rules of the Department . . . including the type of personal information collected and the number of people affected.
Page 3 - As technological developments increasingly facilitate the collection and dissemination of personally identifiable information, the potential for misuse of such information grows. The General Accounting Office has warned that our nation's "increasing ability to accumulate, store, retrieve, cross-reference, analyze, and link vast numbers of electronic records" brings "substantial federal information benefits as well as increasing responsibilities and concerns.
Page 6 - First, what are the sources of the information gathered by the government? Are they reliable? We have been told by the Department of Justice that, among other commercially available sources, credit reporting agencies and private companies such as ChoicePoint, are providing data to government agencies. I find this deeply troubling.
Page 6 - There are legitimate reasons why the government would need to gather personal information and, consistent with the protections of the Fourth Amendment, intrude into the zone of privacy, but every such intrusion, and the justification for gathering, and use of, all such information, must necessarily be scrutinized with care.
Page 13 - It is a delicate balance that Congress must strike between protecting people from terrorism and protecting people from unwarranted Government intrusion into their private lives, and in the mix must be rigorous and effective congressional oversight. You can expect that I will continue to carry the oversight torch, and I hope that each of you will as well.
Page 4 - widely reported consumer crimes in recent years. In fact, the Identity Theft Resource Center reports that an estimated 700,000 Americans have been victims of this devastating form of fraud. The other concern relates to the privacy ramifications and to issues presented when the government relies on inaccurate personally identifiable information. This concern is perhaps best illustrated by certain
Page 3 - On behalf of the Commercial and Administrative Law Subcommittee, I want to express our sincere appreciation to our colleague and friend, the esteemed Chair of the Constitution Subcommittee and its Members for participating today with us in this joint hearing on HR 338, the "Defense of Privacy Act.