TOTAL LICENSING
boundaries to all
this marketing PROPONENTS OPPONENTS
and to this
There is now so much information out there, it’s If the purveyors of information were subject to
whole private
futile to put a stop on it and make it wasteful lawsuits for errors rather than to requests for
information
not to take advantage of the systems created at corrections, the climate and care in assembly
trading business.
great cost, and of great help to business. would change dramatically. If the range of new
In 1995 it passed the
information that was allowed to be added was
We don’t need complicated formulas to fix severely restricted, the old information would
“European Commu-
what isn’t broken. After all, there are already wither on the vine. The passage of four to five
nity Privacy Directive”
‘fair information practices’ to protect the years makes anything older highly suspect.
which was incorpo-
consumer. With rapid changes in people’s lives and in
rated into the law of each member country.
the economy, old information grows very stale
It stipulates “member states shall provide that
We need ground rules and systems to allow quickly.
the transfer of personal data may take place only
granters of credit and insurance tools for If that be so, why should the company owning
if the third country in question insures an ad- judgment so they may protect against risks and the compilation make a profit with what is
equate level of protection”. This created a con- losses inherent in the services they render. really not their property? Why should the
flict between the EU and the USA. The USA
subject of the information not be able to trade
refused to accept this legislation because what
Anything labelled as investigative activity should with it themselves and sell it to the highest
might be “adequate “ by European standards
be exempted from controls and is rightfully bidder or an organization he might choose
might interfere with the needs of American
exempted because it would hamper the (like famous artists do).
Multinational corporations. Personal data col-
necessary capacity to investigate. Only precise legislation can help avoid
lected by American banks on European custom-
shifting boundaries now. What is fair for one
investigator, may be classified as invasive by
ers, for instance, would have had to remain in
another.
Europe and would not be available to American
headquarters offices. Finally over objections by
belts, we parked our shoes on the security belt, lightenment.
the European Parliament, the European Com-
and we emptied out every conceivable liquid in As I am trying to bring this column to a conclu-
mission agreed to a compromise that was called
our handbags. We did it cheerfully but often fly- sion, with a recipe of what to do or even a rec-
“safe harbor”. This in turn freed the US from
ing from another country back to the USA we ipe for my personal opinions and actions I must
having to embody European standards into leg-
found we didn’t have to do all this – so where confess I have failed! My research taught me a
islation that would handicap American corpora-
was the security? lot I never suspected, but no magic solution.
tions. These corporations are requested to self-
Some discontented souls started a blog and ing is certain: we increasingly need education on
regulate themselves in line with privacy values.
asked endless questions of the monolithic and all such issues and as much information as can
Therefore, in fact, “safe harbor” is really not safe
totally secretive TSA. Well, what do you know?: safely be given, and we certainly need to think
anymore.
The TSA forced by public opinion began to ex- about it, read about it, and stay knowledgeable,
An example I found just yesterday in my mail
plain why it insisted on all this and it convinced and ask questions.
features typical self regulated “double speak”. I
us. With the sensible explanation furnished us Science and technology has outgrown human-
reproduce an abridged version of the full docu-
we happily gave up the pleasure of bringing a ity’s habitual thinking on a lot of issues and we
ment for lack of space. To protect privacy, I have
soda into the waiting room (where we sat three cannot crawl back into the 19
th
Century. We
replaced the name of the bank with BANK X,
hours waiting for our delayed plane) and instead and our children will be looking at a century
however the document is otherwise the same I
bought an overpriced soda inside. A small con- of changes. Possibly at a half-century of terror-
received. (Note that the comments in parenthe-
tribution toward a safe arrival at the destina- ism! And in this uncertain world all we can do is:
sis are my personal ones.)
tion. Did we ask how the shop inside knew all think and refuse to stick our heads in the sands
With globalization the international trade be-
its sodas were safe? It’s bewildering! One thing of the past, or the nirvana of “I don’t care”.
tween credit agencies, banks, counter terrorism,
is sure, if we ask our authorities enough ques- Bertrand Russell wrote: “It’s a healthy thing now
security services and credit reporting organiza-
tions with enough persistence we will get some and then to hang a question mark on the things
tions has blossomed and at this point practically
answers that can help. you have long taken for granted”.
any transaction, financial, personal or political
Seems almost impossible doesn’t it? How to
can be traced.
have both security and privacy. But try we must,
IN THE EVER INCREASING DEBATES ABOUT THE
and painstakingly ask ourselves: can we compro-
WAY IT IS NOW. SEE ARGUMANTS BY PROPO-
View from America is a Total Licens-
mise a bit on each need, and take limited chanc-
NENTS AND OPPONENTS OF MORE INFORMA-
ing magazine column written regularly
es, because the cure sometimes can be worse
TION AVAILABILITY
by George Medina of New York-based
than the disease. We must take some calculated Intercontinental Licensing. The column is
IN CLOSING
risks on fool-proof security so we don’t lose the
intended to give our readers worldwide
The questions about where to draw the nec-
heart of the matter of our lifestyle that makes
some idea of the American mind set and
essary line go on whenever some particularly
us what we are.
incidentally his own opinion to help them
outstanding example of previously unreported
And yet – we must be prepared to yield on our
understand key issues in today’s world.
facts hits the headlines.
traditional inherited and accustomed privacy
If you have any questions, comments or
Let’s use a very recent example of how to pro-
opinions on the column, do please contact
which this change of situation forces upon us
ceed: The TSA (Transport Security Authority) us at Total Licensing or, alterntively, con-
in this 21
st
Century of Uncertainty. We must
has been telling us what to do at airports. It tact George directly on (212) 683 5830.
curtail our ideal of Kant’s unfettered individual
never discussed publicly - it simply made rules
email: interny@intercontinental-ltd.
freedom that grew up in the time of joyful en-
based on its own wisdom. We took off our
116
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