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Legal Framework for Data Mining and Privacy
Abstract
This chapter explores the foundations of the legal right to privacy in the United States, juxtaposed against the accumulation and mining of data in today’s society. Businesses and government agencies have the capacity to accumulate massive amounts of information, tracking the behavior of ordinary citizens carrying out ordinary routines. Data mining techniques also provide the opportunity to analyze vast amounts of data to compile comprehensive profiles of behavior. Within this context, this chapter addresses the legal frameworks for data mining and privacy. Historically, privacy laws in the United States have adapted to changing technologies, but have done so slowly; arguably not keeping pace with current technology. This chapter makes clear that the legal right to privacy in the United States is not keeping pace with the accumulation, analysis, and use of data about each and every one of us.
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