CODE OF FAIR INFORMATION PRACTICE IS UNACCEPTABLE AS A PRIVACY PROTECTING MECHANISM
FAIR INFORMATION PRACTICES REFERS TO PROTECTION OF PERSONAL INFORMATION NOT PROTECTION OF PRIVACY
Suzanne M. Thompson, "The Digital Explosion Comes With a Cost: The Loss of Privacy," Journal of Technology Law and Policy, Spring 1999, 4 J. Tech. L. & Pol'y 3, EE2001-JGM, P.24
The term privacy is used as a broad catch-all phrase covering activities in the home to telephone communications to individuals' right to control personal information about themselves. n58 The term "fair information practices" is a narrower phrase defined by the collection of legal rules, industry norms, and business practices governing the control of personal information. n59 "Although fair information practices may be subsumed under the broad 'privacy' label, the standards represent a more narrow and distinct interest: maintaining the integrity of personal information and fairness to the individuals about whom the data relates. Specifically, such standards apply to the collection, use, and disclosure of personal information." n60
INDUSTRY NORMS OF FAIR INFORMATION PRACTICES ARE NARROWLY TARGETED
Suzanne M. Thompson, "The Digital Explosion Comes With a Cost: The Loss of Privacy," Journal of Technology Law and Policy, Spring 1999, 4 J. Tech. L. & Pol'y 3, EE2001-JGM, P.26
In addition to legal regulations for fair information practices in the private sector, industry norms provide standards for the control of personal information. Company policies and practices, internal codes of conduct, and contractual agreements also promote standards for the treatment of personal information. As a result of the various sources of informational privacy protection, fair information practices are generally targeted narrowly. n64 "Legal regulation usually protects a single activity or area and does not address all of the issues of collection, storage, use and disclosure." n65
THE CODE OF FAIR INFORMATION PRACTICE IS WORKABLE FOR MODERN INFORMATION TECHNOLOGY BUT HAS NOT BEEN IMPLEMENTED WHOLLY INTO LAW
Suzanne M. Thompson, "The Digital Explosion Comes With a Cost: The Loss of Privacy," Journal of Technology Law and Policy, Spring 1999, 4 J. Tech. L. & Pol'y 3, EE2001-JGM, P.29-30
The Code of Fair Information Practices has important implications for data users in the Information Age. First, Congress has crafted many subsequent data privacy laws within the framework set forth by the Advisory Committee. Second, the Code provides the flexibility needed to adhere to contextual differences for personal data protection on network systems. Third, the Code of Fair Information Practices was created with the flexibility to adapt to the rapid technological advances of modern society. And fourth, it allows individuals to take an active part in controlling their personal information by providing individual legal action.
However, the Code of Fair Information Practices has not been implemented as a whole into any subsequent bill.