Privacy in the Private Sector: Use of the Automotive Industry's "Event Data Recorder" and Cable Industry's "Interactive Television" in Collecting Personal Data

摘要: I. INTRODUCTION While the mention of term "Big Brother" typically arouses suspicion government, many privacy advocates have been expressing concern over private sector's access to and use valuable personal information. One example this possible encroachment upon rights occurs within automotive industry, specifically "Event Data Recorders" ("EDR") in vehicles. These devices, akin "black boxes" aviation record vital statistics an automobile's operation five-second loops, thereby saving final five seconds prior impact. (1) Some notable data recorded include airbag deployment, seatbelt use, speed impact, acceleration or deceleration, braking. (2) Another illustration modern technology encountering issues is emergence a new media, known as "Interactive Television" ("ITV"). With sophisticated set-top cable boxes, consumers will be able interact with their television, thus focusing content programming, advertising, "t-commerce"(3) suit individual preferences. (4) The debate involves company's ability collect share information through consumer's interaction technology. (5) breadth forthcoming impacts industries, including: cable, marketing, retail, among others. (6) This Note seeks explore interrelationship between sector, particular emphasis on "information privacy." I set forth statutory common law protections rights, analyze applicability today tomorrow, Event Recorder Interactive Television. Further, show that most concerns are ill-founded, practices sector are, by-and-large, accordance both sound public policy. Similarly, such EDR ITV represent societal progress areas safety convenience, thoroughly outweighing any nominal social cost privacy. Finally, provide suggestions legislature, businesses, public-at-large for maintaining crucial balance preserving inherent expanding boundaries II. ORIGINS OF PRIVACY RIGHTS A. Common Law Tort development began oft-quoted Harvard Review article Samuel Warren Louis Brandeis 1890. (7) In article, was characterized "right let alone." (8) Inspired by overzealous intrusive nature press, argued creation right (9) Later, Dean William Prosser further developed right, he classified invasions into four distinct causes action tort law. (10) categories are: intrusion one's seclusion solitude, publicly disclosing facts life, (3) placing another false light eye, appropriation name likeness. (11) Prosser's classifications were later adopted Restatement (Second) Torts. (12) It "intrusion seclusion" (13) cause forms basis relevant ITV. B. United States Constitution not mentioned explicitly Constitution. However, Supreme Court, i v. Connecticut held "specific guarantees Bill Rights penumbras, formed emanations from those help give them life substance," which create "zones (14) Despite created aggregation Rights, only provides protection state actions violate individual's …