DATE=3/11/98 TYPE=BACKGROUND REPORT NUMBER=5-39220 TITLE=PROTECTING PRIVACY BYLINE=LINDA CASHDAN DATELINE=WASHINGTON CONTENT= VOICED AT: INTRO: PUBLIC CONCERN ABOUT THE LOSS OF INDIVIDUAL PRIVACY IS RISING IN THE UNITED STATES, AND FOR GOOD REASON: VOA ECONOMICS CORRESPONDENT LINDA CASHDAN REPORTS PRIVACY ADVOCATES SAY IT IS MORE DIFFICULT FOR AMERICANS TO KEEP THE PERSONAL DETAILS OF THEIR LIVES OUT OF THE PUBLIC DOMAIN THAN IT IS FOR CITIZENS IN ANY OTHER COUNTRY IN THE WORLD. TEXT: WOULD YOU LIKE TO KNOW THE JOB HISTORY, ADDRESS, SOCIAL SECURITY NUMBER, BUYING HABITS, OR PRESCRIPTION MEDICATION OF ANY U-S CITIZEN? IF SO, SAYS WILLIAM HUBBARTT, THE AUTHOR OF A NEW BOOK ON WORKPLACE PRIVACY, IT SHOULD NOT BE TOO DIFFICULT TO FIND OUT. THAT'S BECAUSE THE UNITED STATES IS THE MOST TECHNOLOGICALLY ADVANCED DATA COLLECTOR IN THE WORLD, MR. HUBBARTT SAYS, AND THERE ARE MANY CUSTOMERS FOR THE INFORMATION THAT IS COLLECTED. WITH HEALTH INSURANCE COSTS SOARING, HE SAYS, EMPLOYERS WANT TO KNOW ABOUT EXISTING ILLNESSES BEFORE THEY HIRE SOMEONE. IN ADDITION, MR. HUBBARTT SAYS, U-S CIVIL RIGHTS LAWS THAT WERE DESIGNED TO PROTECT WORKERS HAVE PROMPTED EMPLOYERS TO TAKE STEPS TO PROTECT THEMSELVES AGAINST FUTURE LAWSUITS. THAT OFTEN INVOLVES USING MODERN TECHNOLOGY TO SPY ON WORKERS' PERSONAL HABITS. // BEG HUBBARTT ACT // BECAUSE OF THE EMPLOYER'S CONCERN FOR BEING SUED FOR SEXUAL HARASSMENT, FOR EXAMPLE, EMPLOYERS TEND TO TRY TO LIMIT EMPLOYEE DATING, AND EMPLOYEES REACTION IS, "HEY, IF I WANT TO DATE SOMEBODY, I WANT TO DATE SOMEBODY!" BUT THE EMPLOYER'S CONCERN IS "WELL, IF THE TWO OF YOU ARE DATING AND THEN YOU BREAK UP AND YOU CLAIM SEXUAL HARASSMENT, THEN I, THE EMPLOYER, AM DRAWN INTO THIS AND SO IT'S SAFER FOR ME TO TRY TO CONTROL IT BY TRYING TO PREVENT IT." // END 1ST ACT // DAVID BANISAR, A LAWYER FOR A PRIVACY ADVOCACY GROUP IN WASHINGTON BLAMES THE U-S LEGAL SYSTEM TOO, BUT FOR A VERY DIFFERENT REASON. MR. BANISAR SAYS U-S LAW DOES NOT ADEQUATELY PROTECT CITIZENS. // BEG BANISAR ACT // UNLIKE THE EUROPEAN UNION, JAPAN, THAILAND, HONG KONG, AND CANADA, WE DON'T HAVE ANY OVERARCHING LAW THAT PROTECTS INDIVIDUALS FROM HAVING THEIR PRIVACY INVADED. // END 2ND ACT // MR. BANISAR SAYS OTHER FACTORS THAT ARE ERODING U-S PERSONAL PRIVACY INCLUDE THE U-S GOVERNMENT'S DESIRE TO HAVE QUICK ACCESS TO PERSONAL DATA IN FIGHTING CRIME AND COMBATTING FRAUD, AND THE PRIVATE SECTOR'S DESIRE TO MAKE MONEY. HE SAYS THE BUYING AND SELLING OF PERSONAL INFORMATION HAS BECOME A MULTIBILLION DOLLAR BUSINESS -- AND NOT JUST FOR U-S FIRMS. // BEG BANISAR ACT // THE PHILIPPINES, FOR EXAMPLE, MAKES QUITE A BIT OF MONEY OUT OF TAKING PHYSICAL RECORDS, SUCH AS YOUR MEDICAL RECORDS, AND TYPING THEM IN (TO THE COMPUTER), BECAUSE LABOR IS VERY CHEAP THERE. SO (U-S) COMPANIES WILL SEND CONTAINER LOADS OF MEDICAL RECORDS TO THE PHILIPPINES TO HAVE THEM TYPED IN AND THEN HAVE THEM SENT BACK TO THE UNITED STATES IN ELECTRONIC FORM. // END 3RD ACT // PUBLIC CONCERN HAS GENERATED MORE THAN 40 DIFFERENT PRIVACY PROTECTION BILLS IN THE U-S CONGRESS. HOWEVER, MR. BONISAR SAYS, THE FORCES AGAINST SUCH MEASURES -- EMPLOYERS, LAW ENFORCEMENT AGENCIES, MARKETING FIRMS -- WILL PROBABLY PREVENT ANY OF THE BILLS FROM PASSING. HOWEVER, HE SAYS, A NEW PRIVACY DIRECTIVE IN THE EUROPEAN UNION STIPULATES THAT DATA PROCESSING FIRMS FROM OTHER NATIONS WILL HAVE TO DEMONSTRATE THEY CAN PROTECT PERSONAL DATA OR LOSE OUT ON LUCRATIVE EUROPEAN CONTRACTS. THAT, MR. BONISAR SAYS, COULD MAKE U-S MULTINATIONALS LIKE I-B-M WORK TO ASSURE PRIVACY PROTECTION IN THE UNITED STATES.. // BEG BONISAR ACT // (U-S) INDUSTRIES ARE RECOGNIZING THAT WITH THE EUROPEAN UNION DIRECTIVE, THEY ARE GOING TO HAVE TO DO SOMETHING. OTHERWISE, THE UNITED STATES IS GOING TO GET CUT OUT OF A LOT OF VERY VALUABLE FLOWS OF INFORMATION. // END BONISAR ACT // IRONICALLY, DAVID BONISAR SAYS, IT MAY BE MORE LIKELY THE IMPETUS FOR U-S PRIVACY PROTECTION WILL COME FROM THE NEW EUROPEAN PRIVACY DIRECTIVE THAN FROM ANY U-S LAW. (SIGNED) NEB/LC/KL 11-Mar-98 10:16 AM EST (1516 UTC) NNNN Source: Voice of America .