Bill Cosby, Gilbert Gottfried, Big Data, and the Right to Privacy

One of my favorite television programs growing up in the 1980's was The Cosby Show.  The show was about an upper middle-class African-American family living in Brooklyn, New York.  I enjoyed the show because it was funny and the issues it covered were very timely.

Recently, I watched one of my favorite episodes.  This particular episode's main theme was negotiating to buy a new car since the old family truckster (i.e. think the Griswald's car in National Lampoon's Vacation) was on its last legs.  Bill Cosby's character, Dr. Heathcliff Huxtable does not want the car dealer to know that he is a doctor because he fears he will lose any negotiating power (i.e. he wants to keep his potential financial status anonymous because he believes the dealership will be more flexible with a less financially successful customer; think "price discrimination" based upon ability to pay) if the dealer can size him up financially.  He visits the car dealership with his son in an average looking shirt, pants, etc... and avoids telling the salesman his profession. 

Dr. Huxtable is downplaying his financial position while the car salesman talks about how expensive it is to raise his children and how one of his kids now needs braces.  The bottom line is that the car negotiation is moving along when all of a sudden Gilbert Gottfried shows up.  Gilbert Gottfried calls Bill Cosby's character "Dr. Huxtable" (the salesman didn't know he was a doctor) and tells the salesman that Dr. Huxtable's wife was recently made a partner in her law firm and that they have plenty of money.   The bottom line is that Gilbert Gottfried's information appeared to alter Dr. Huxtable's ability to negotiate the best possible deal.

Why does this matter?  Think of Gilbert Gottfried as a data broker, a digital online advertising network, or an app that sells (i.e. shares, exchanges, etc...) your personal information to others. This information may then be combined so a personal dossier is created that includes both your online and offline activities.  According to 60 Minutes, this information may then be sold to governments to spy on you or to entities that may prey on those who are vulnerable to sales pitches. 

The more information a seller knows about its buyers the greater the risk that price discrimination may occur.  Should a person's race, creed, religion, personal opinions, wants, disabilities, financial position, health status, etc... be available to sellers?  Should all Americans be on the same footing when shopping or negotiating for goods and/or services?  For example, should a school provider of digital services be able to sell to a data broker or insurance company the lunch purchasing information of students so a corporate entity may then utilize this information for commercial gain?

I believe our country needs to create stronger data protection laws and require data collection companies to become more transparent about their activities.  I don't want my children to grow up in a world where everything they do is collected and inserted into their personal digital file and utilized to discriminate them.  Shouldn't future generations have the same privacy protections we had while growing up? 

Copyright 2014 by the Law Office of Bradley S. Shear, LLC All rights reserved. 

White House Announces Big Data and the Future of Privacy Comprehensive Review

On the White House Blog earlier today, John Podesta, a Counselor to the President provided further details about the comprehensive privacy review that the President recently asked him to undertake.  In the blog post, it stated that Mr. Podesta would lead a "comprehensive review of the way that “big data” will affect the way we live and work; the relationship between government and citizens; and how public and private sectors can spur innovation and maximize the opportunities and free flow of this information while minimizing the risks to privacy."

Mr. Podesta will be joined by Secretary of Commerce Penny Pritzker, Secretary of Energy Ernie Moniz, the President’s Science Advisor John Holdren, the President’s Economic Advisor Gene Sperling and other senior government officials.  The working group will consult with stakeholders such as members of industry, civil liberties groups, academics, privacy experts, and government officials.  

This effort is suppose to begin during the next 90 days and help develop the national conversation regarding the issues surrounding the usage of "big data" and the privacy implications inherent with new digital technologies. 

I believe this is a positive development that will help shape future public policy decisions.  In order to continue to flourish, democracies require transparent discussions about the important issues that affect their citizens.

Copyright 2014 by the Law Office of Bradley S. Shear, LLC All rights reserved.