The Rise of Privacy

In preparation for my course on Blockchain in Data Privacy and Decentralized Identity at the University of South Carolina , I put together a brief timeline of how privacy has evolved over the millennia. I try to keep it brief here, and in doing so, I am sure I have not mentioned some other aspects or milestones that you may find important. If so, we would love for you to put those in the comments section for our continued education.

The Rise of Privacy

The concept of “privacy” is a new idea from a historical context. Pre-agriculture hunter-gatherer bands never had privacy. They traded it for the security of the group.?The first towns weren’t much better.?

Rulers of those small enclaves knew who lived there and much of what went on with the locals for their own survival. It was only when cities became giants in the latter half of the 17th century that anonymity was possible and a modern concept of privacy developed.

Though this mindset was primarily only enabled to the privileged in the era of “taxation without representation” that led to the Revolution against the British.

Today, privacy is like "exposure without consent."

Here’s a walk-through of key dates in the history of privacy.

1776 - In post-Revolution United States, some of the earliest privacy measures were implemented by Benjamin Franklin. For example, as Postmaster he sought to maintain privacy in mailed items by locking postal carriers’ saddlebags, which were only unsealed at their destination.

1791 - First Amendment of the US Constitution guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from promoting one religion over another or restricting an individual’s religious practices, or freedom of expression.

The First Amendment prohibited Congress from restricting the press or the rights of individuals to speak freely. Citizens can assemble peaceably and petition their government.

People gained the right of privacy against unreasonable search and seizure.

Searches and seizures require warrants to be issued by a judge or magistrate, justified by probable cause, and supported by oath or affirmation with the exact places and people to be searched or things to be seized must be described.

The Fifth Amendment of the US Constitution establishes the right against self-incrimination, which justifies the protection of private information even between family members.

Milestones of Privacy

1948 - Universal Declaration of Human Rights (UDHR) was originally written to guarantee individual rights of everyone, everywhere. It was adopted by the United Nations General Assembly, which enshrines the rights and freedoms of all human beings online and off.

1961 - The Organization for Economic Cooperation and Development (OECD) created a set of Fair Information Practices in the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data.

1965 - Writing for a majority in Griswold v. Connecticut, Supreme Court Justice William Douglas found that there is a right to privacy within the penumbra of rights provided through the Constitution, even though privacy is not specifically identified in the amendments.

1974 - The Family Educational Rights and Privacy Act (FERPA) was enacted to cover access to student school records providing parents and students the right to inspect their information, request corrections, and control their personally identifiable information (PII).

1991 - The Telephone Consumer Protection Act (TCPA) was a consumer protection measure against companies engaged in telemarketing. The FCC regulations impose financial penalties on commercial telemarketers for calling phone numbers on the “Do-Not-Call” registry.

1996 - Health Insurance Portability and Accountability Act (HIPAA) is perhaps the best-known privacy law in the United States. It is the primary federal law governing sensitive health information.

HIPAA regulates the use and disclosure of protected health information by health insurers, employer-sponsored health plans, and certain medical service providers. Protected health information is interpreted to include any part of a health record linked to an individual.

1998 - The Children’s Online Privacy Protection Act (COPPA, enacted 2000) governs the data of children under the age of thirteen. The law imposes requirements on operators of websites or online services directed to children under 13 years of age.

Digital Privacy

2003 - The California Online Privacy Protection Act (CalOPPA), amended in 2013, was the first state law in the United States requiring a privacy policy on the website of commercial websites and online services.

2013 - Since the global surveillance disclosures initiated by ex-NSA employee Edward Snowden, the right to privacy has been a subject of international debate. Government agencies, such as the NSA, CIA, R&AW, and GCHQ, have engaged in mass, global surveillance.

2015 - The California Electronic Communications Privacy Act (CalECPA) requires law enforcement to get a warrant before accessing electronic data on a device or from an online service provider. The American Civil Liberties Union called it a landmark victory for digital privacy.

2016 - The Delaware Online Privacy and Protection Act (DOPPA) strictly regulates advertising directed at children, enhances the privacy protections of digital book readers, and requires conspicuous posting of privacy policies that comply with the law's mandates.

2016 - The General Data Protection Regulation is a regulation in EU law on data protection and privacy in the European Union and the European Economic Area.

2018 - The California Consumer Privacy Act (CCPA) enhances privacy rights and consumer protection for residents of California. It led other states to follow suit, and companies to meet the CCPA standards across the US as a Standard Operating Procedure.

Bottom Line: In pre-agricultural times, privacy was traded for security. As civilization grew and became more individualistic, governments responded with an array of privacy laws. But has it kept up with technology?

Look out for more posts on the idea of Self-Sovereign Identity.

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Have a great week, Gordon

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