By Alan F. Westin
Privacy in 1967: A Third Tier Issue
When I wrote Privacy and Freedom in the mid-1960s, privacy was essentially a third-tier social, political, and legal issue. Its components were protections against unreasonable search and seizure; rights to remain silent in various forums (the privilege against self-incrimination); rights of confidentiality in various types of record systems (census, social security, medical and personnel records, etc.); conventions about respecting privacy in interpersonal and family relations; and various modesty and reserve rules in dress, speech, sex, etc. At the same time, the U.S. was preeminent among democracies in making government information about individuals a matter of public records access, and in defining the media’s right to investigate and publish personal behaviors in very broad legal terms.
Clearly, privacy was not—in the mid-1960s—on a par with such other societal issues in the U.S. as racial equality; free speech, press and other “freedom” rights; voting and other democratic processes; rights of protest; or questions of free enterprise and government regulation.
Privacy Today—An Omnipresent Issue
Now privacy has become a central issue and fierce battleground of the technology-driven world we inhabit. To see how profoundly important this has become, we can go to a search engine and see how often privacy is mentioned in published materials of all kinds, including web pages. (I used Google for this search but similar results appear in Bing and AOL.)
For the search, we use English as the retrieval language (that is, we do not click to add any other languages besides English to the search). We also designate the U.S. as the geographic location, by adding “US” to each search term.
Google’s report of “results” for these values in December 2012 is as follows (in millions):
We start by comparing privacy to the most important societal values in democratic nations.
Equality ..................................... 265M
Democracy ............................... 431M
Free enterprise ...................... 473M
Liberty ....................................... 706M
Freedom .................................. 1.490B
A similar spread is present if we track results for current leading policy issues rather than broad social values:
Taxation ..................................... 113M
Abortion ..................................... 251M
Immigration ............................. 539M
Employment ............................ 1.140B
Healthcare ............................... 2.450B
Security ..................................... 4.270B
We can also look at Google results for basic American constitutional rights:
Equal protection ........................ 57.9M
Right to counsel ......................... 69M
Freedom of religion ................... 136M
Constitutional rights .................. 149M
Due process ................................. 258M
Freedom of speech ...................... 391M
Freedom of the press ................. 634M
And how does “Privacy” compare to these three sets of results?
“Privacy” produces a staggering 11.930B results—almost twelve billion items—a stunning but trustworthy portrait of just how central privacy has become in the U.S. today.
(Similar patterns and spreads are produced if the search is made at a Global instead of US tag or if the search terms are put in as “liberty issues” or “abortion issues” rather than just the term itself.)
Main Privacy Sectors
A Google search also allows us to see how various types of privacy concerns are ranked today by usage.
Citizen privacy ................................. 292M
Patient privacy ................................ 402M
Employee privacy ........................... 656M
Consumer privacy .......................... 802M
Financial privacy ........................... 2.220B
These results directly parallel the findings of public opinion surveys over the past four decades—that national majorities consider financial affairs and consumer transactions as especially sensitive types of personal information.
Rise And Importance of Privacy Policies
Our Google search finds the following results for current policies on key social and political issues:
Anti-discrimination policies ..................... 41M
Welfare policies .......................................... 210M
Crime control policies ............................. 514M
Tax policies ................................................ 1.34B
National security policies ........................... 1.41B
Again, “Privacy policies” blow all of these results out of the water—at 10.090 billion results.
In similarly high privacy results, “Internet privacy” produces 3.07 billion results, and “Web Site privacy policy” scores 5.82 billion results.
Institutionalization of Privacy in the Organizational World
The same dynamic of high privacy importance is present if we look at Google search results for “privacy officers.”
In the U.S., “privacy officer” produces 904M search results. If we use “privacy professionals,” we get 732 M results.
The results are particularly striking when we compare “Chief Privacy Officer” to the other main “chiefs” in the U.S. organizational world
Chief Human Resources Officer ................... 132M
Chief Operating Officer ................................ 135M
Chief Information Officer ............................. 146M
Chief Executive Officer ................................ 175M
When we put in Chief Privacy Officer, Google reports 209M results.
(Incidentally, Google lists 79.9 million results for the International Association of Privacy Professionals (IAPP), compared to 38.1 million results for the American Civil Liberties Union and 52.7 million results for Consumers Union.)
How Key Internet Players Generate Privacy Coverage
Google also allows us to see how many results connect ‘invasion of privacy” to major online personal information handlers.
Invasion of privacy + Microsoft ............................. 1M
Invasion of privacy + Amazon ............................... 2.5M
Invasion of privacy + Apple ................................... 3M
Invasion of privacy + America Online ................... 4M
Invasion of privacy + Yahoo .................................. 8M
Invasion of privacy + Google ................................. 23.9M
Invasion of privacy + Twitter ................................ 44M
Invasion of privacy + Facebook ............................ 65M
So How Important Is Privacy?
Finally, we can use Google searches to see how many results come up when we ask directly how important privacy is, compared to the importance ratings of other fundamental social values.
Importance of liberty ................................ 24M
Importance of civil liberties ..................... 26M
Importance of equality ............................. 28M
Importance of democracy ......................... 44M
Importance of freedom ............................ 73M
Importance of human rights ................. 101M
Again, discussions of privacy trump all the rest:
Importance of privacy ............................ 248M
What all of these Google searches document is that a true revolution in privacy saliency has taken place – in the U.S. and worldwide -- between 1967 and the present. In an Internet-driven and mobile-devices world, with consumer profiling, CCTV cameras, and Big Data information systems, everyone may indeed be talking about privacy – even when our society is still struggling to figure out just what to do about it.
Columbia University Professor Emeritus of Public Law and Government Alan F. Westin is the former publisher of Privacy & American Business and former president of the Center for Social & Legal Research. He is the author or editor of 26 books on constitutional law, civil liberties and civil rights, privacy and American politics—including a foundational text for the field of privacy, Privacy and Freedom, in 1967—and has been listed in Who’s Who in America` for three decades.
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