Statutory frameworks for regulating information flows: drawing lessons for the DNA data banks from other government data systems.
Statutory frameworks for regulating information flows: drawing lessons for the DNA data banks from other government data systems.
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监管信息流的法定框架:从其他政府数据系统中汲取 DNA 数据库的经验教训。
DOI:
10.1111/j.1748-720x.2006.00041.x
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发表时间:
2006
期刊:
影响因子:
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通讯作者:
Mayer-Schönberger,Viktor
中科院分区:
文献类型:
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作者:
Lazer,David;Mayer-Schönberger,Viktor
The above bit string encodes personal information about one of the authors of this essay. Of course, without rules to decode the bit string, it is impossible to say whether it is genetic information, weight, age, fingerprint, religion, etc. Layered on top of that technical decoding process is a social decoding process – how sensitive is this information? How useful is it to the government for various purposes? The objective of this paper is to offer some key lessons for the regulation of genetic information collected by the state for law enforcement purposes. In the first part of the paper, we discuss two fundamental principles of informational privacy theory. Utilizing these, we then examine the statutory regimes that have emerged for the regulation of the information that the government collects in three different domains – fingerprints, department of motor vehicle (DMV) records, and tax records. In the third and final part we use the results of our analysis as analogies for similar regulatory challenges in the regulation of genetic information collected for law enforcement purposes, and make some tentative recommendations.