Privacy Codes and Institutional Record Keeping: Procedural versus Strategic Approaches
Article first published online: 29 DEC 2011
© 2011 American Bar Foundation.
Law & Social Inquiry
Volume 37, Issue 1, pages 119–145, Winter 2012
How to Cite
Rule, J. B. (2012), Privacy Codes and Institutional Record Keeping: Procedural versus Strategic Approaches. Law & Social Inquiry, 37: 119–145. doi: 10.1111/j.1747-4469.2011.01284.x
- Issue published online: 23 FEB 2012
- Article first published online: 29 DEC 2011
Privacy codes aim at protecting individuals' interests in the treatment of data on themselves held by institutions. One can distinguish between procedural and strategic principles underlying these codes. The former aim at shaping treatment of personal information, once compiled within data systems; the latter aim at limiting and dispersing personal information from the start. A historical view of the workings of these two principles gives more reasons for optimism in the case of strategic measures. In contrast, procedural restrictions on access to personal information are evidently subject to erosion and reversal with changes in larger political climates.