Every once in a while, some columnist or friend complains about his or her loss of privacy. Usually it’s brought on after reading about the theft of some organization’s laptop computer that contained a list of 237,000 people along with their Social Security numbers, addresses, and the times when their minor children are left alone in the house. Other times, it’s brought on when you’re filling out an application to win a lifetime supply of ice cream cones, and you’re asked to write in your Social Security number. And sometimes it’s when you get a direct-mail solicitation or phone call, and the seller knows all kinds of things about your buying habits, history, and more.
We complain and we deplore and we threaten to do something, but the sad fact of the matter is that the loss of privacy in America is already so far out of control that it’s almost hopeless. Even sadder, I’ve yet to hear a politician even mention the subject. No one seems to care.
But now I’m going to give some enterprising official, elected or appointed, a chance to take a small, courageous step toward restoring our right to privacy by addressing the situation a reader wrote me about recently. She had had a relatively minor car accident a few days before writing the following:
“Whenever you have an accident in Minnesota, your name and address and everything involved is available to lawyers, chiropractors, et cetera, for a fee at the state public records office—without your permission and without your knowledge. Yes, that’s right. My name and address were given out to countless people hoping I or the other party involved would help them make money off the accident. Think about it. We can opt to have our phone numbers unpublished, but if we have an accident, our name and address are available to people that prey on victims’ fears. (My insurance agent told me that one of the lawyers I received a brochure from had been disbarred for bad conduct. Now his brochure says he is a claims coordinator.)
“How insulting! These people had a record of my accident before I did. I had the choice of mailing a self-addressed stamped envelope, along with my signature and a check for 25 cents (yes, 25 cents) to the city of Minneapolis, or going there to pick it up—for the same cost. They would not send or fax it to me or to my insurance company without a written signature from me, but without my written signature they are giving it to every ambulance chaser in town!”
Yes, yes. I know about the Freedom of Information Act. I know we all want an open, transparent society. I know we all complain about “special treatment” when someone gets the court to seal the documents pertaining to their divorce or white-collar crime. There are times when privacy is important, and there are times when it really doesn’t matter.
In the accident records my reader writes about, it may not matter all that much, but whoever put together the law or regulation or decision that enables strangers to instantly access such information should have thought it through. At the very least, there should be a reasonable time delay before unrelated parties can get the details. It would also be appropriate to send the involved parties a list of others who are buying the information. And as for the 25-cent check, forget it! Either charge nothing, or charge $2.50.
Perhaps it would make sense to have a state requirement that all new laws and regulations, be they at the state, county, or local level, be reviewed after a period of two years, with the objective of determining whether they have any unintended consequences, or whether there are any small adjustments needed to improve their functionality. Or is that idea too simple to make sense?
