Impact of recent privacy legislation: Minnesota and federal

Abstract

The panelists will examine recent Minnesota and Federal privacy legislation for the purpose of determining the extent to which this legislation has accomplished or failed to accomplish announced theoretical objectives. Clearly, such legislation has been unsuccessful in accommodating the expectations of the theorists. Thus, in Minnesota the Data Privacy Act, as amended, is only partly involved with privacy but very deeply concerned with records management and the right of public access—a right and process which is actually antagonistic to the exercise of the right of privacy. Data processing systems designers have been affected. All are wondering what impact the “law” will have on file design. Some, involved at the early stages of the legislative process, or in the development of a privacy theory, have had their expectations upset. The discussion will focus on ways in which administrative necessity and the legislative process have each served to reshape those expectations.