Justice Antonin Scalia questioned the need to for more protections on people’s privacy. A law professor at Fordham University assigned his students the task of proving just why individual privacy is so important.
His class turned in a 15-page dossier that included not only Scalia’s home address, home phone number and home value, but his food and movie preferences, his wife’s personal e-mail address and photos of his grandchildren
Reidenberg tells the ABA Journal that the information gathered by his class about Scalia was all “publicly available, for free,” and wasn’t posted on the Internet by the class or otherwise further publicized. He views the dossier-gathering about a public figure as a legitimate classroom exercise intended to spark discussion about privacy law, and says he and the class didn’t intend to offend Scalia.
But Scalia is angry about the entire project, presumably missing the entire point of the class assignment while continuing to believe that what’s good for you isn’t good for him, so you shouldn’t do it to him.
“When there are so few privacy protections for secondary use of personal information, that information can be used in many troubling ways,” he writes in an e-mail to the ABA Journal. “A class assignment that illustrates this point is not one of them. Indeed, the very fact that Justice Scalia found it objectionable and felt compelled to comment underscores the value and legitimacy of the exercise.”
The students in this case only obtained information that was freely available to anyone willing to do a little research and legwork. If they had gone the route of many semi-legal pay sites online, they could have obtained social security numbers, pay slips, and bank and credit card statements. Justice Scalia seemed to be ignorant of the fact that so much personal information is available without a person’s permission. This is precisely why his comments needed to addressed.
Yet, he continues to rely on the belief that, just because something is legal doesn’t mean you should do it. He naively contends that people shouldn’t take your information just because it’s available. This is a dangerous stance to take. Yes, it was done in poor judgment, but what happens when people who don’t care about poor or good judgment take your information anyway? Assignments, such as these, are sometimes necessary to get the point across. One can talk forever about the issue, but those with the power to do something about it rarely act swiftly until an incident actually occurs.
There is a growing need for personal information to be kept private. The secondary use of information is out there because the government allows the sale of personal information from one entity to another. At some point, something that shouldn’t be public information, will be.
For another, similar case, read the interesting story of the Congressman who helped create the TSA screenings, yet was angered when the guidelines he helped create were used upon him.