how to make a qr code generator in c# 13: Legal Considerations of Government Use of Biometrics in Software

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13: Legal Considerations of Government Use of Biometrics
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that the individual is constitutionally protected in personal decisions relating to marriage, procreation, contraception, family relationships, child rearing and education 8 In determining the commonality of these personal decisions and why they deserve constitutional protection, the Court, through Justice Sandra Day O Connor s opinion in Planned Parenthood v Casey, explained that: These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment At the heart of liberty is the right to define one s own concept of existence, of meaning, of the universe, and of the mystery of human life Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State9 One of the most controversial Supreme Court cases of the twentieth century, Roe v Wade, concerning a woman s right to have an abortion, may be thought of as a decisional privacy case It focused on an individual s freedom to make a private choice about a personal and intimate matter without undue interference from the government
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This form of privacy is also known as the freedom of the individual to limit access to certain personal information about him or herself The Court of Appeals for the Ninth Circuit has defined this phrase as the individual interest in avoiding disclosure of personal matters 10 In his classic 1967 study, Privacy and Freedom, scholar Alan Westin defines it as the claim of individuals to determine for themselves when, how, and to what extent information about them is communicated to others 11 Similarly, Professor Lawrence Lessig, drawing heavily
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Planned Parenthood of Southeastern Pennsylvania v Casey, 505 US 833, 851 (1992) Planned Parenthood v Casey, 505 US at 851 Doe v Attorney General, 941 F2d 780, 795 (9th Cir 1991) (quoting Whalen, 429 US 599-600) As the Supreme Court has not yet ruled definitively on the issue, there is not a unified view in the federal judiciary as to whether there is a constitutionally protected right to informational privacy The majority of circuits considering this issue (the Second, Third, Fifth, and Ninth Circuits) find that there is See, eg, Doe v City of New York, 15 F3d 264, 267 (2d Cir 1994) (concluding there is a recognized constitutional right to privacy in personal information ); Fadjo v Coon, 633 F2d 1172, 1175-76 (5th Cir 1981); United States v Westinghouse, 638 F2d 570, 577 (3d Cir 1980), and Roe v Sherry, 91 F3d 1270, 1274 (9th Cir 1996); Doe v Attorney General, 941 F2d 795-96 A minority conclude there is not See JP v DeSanti, 653 F2d 1080, 1090 (6th Cir 1981) Alan F Westin, Privacy and Freedom, 337 (Atheneum 1967) (citing Scott, W and M Jarnagin, Treatise Upon the Law of Telegraphs, Appendix, 457-507 (Little, Brown & Co 1868))
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on the scholarship of Ethan Katsh, has defined privacy in this context as the power to control what others can come to know about you 12 As Lessig explains, others can acquire information about you by monitoring and searching Monitoring refers to that part of one s daily existence that others see, observe, and can respond to Searching refers to that part of one s life that leaves a record that can later be scrutinized Noting both quantity and quality aspects to informational privacy, a federal appellate court has phrased it in terms of, control over knowledge about oneself But it is not simply control over the quantity of information abroad; there are modulations in the quality of knowledge as well 13 US government biometric programs could potentially require government employees, along with many others, such as citizens, and taxpayers, to be compelled to provide biometric identification information to a government agency for collection, maintenance, use, and dissemination in government-controlled databases Such government-mandated use of biometrics implicates physical and informational privacy concerns and, to a lesser extent, decisional privacy concerns
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Public sector biometric applications could implicate Fourth Amendment considerations when biometrics, like fingerprints, are used in noncriminal contexts or when they are used in a criminal justice context The courts have decided many Fourth Amendment cases involving individuals having to provide physical characteristics or personal traits, such as fingerprints or voice samples, to the State Accordingly, analysis of the state of the law in the noncriminal and criminal justice areas may be instructive Constitutional Challenges to Fingerprinting in Noncriminal Context The overwhelming majority of government biometric applications will fall into the noncriminal context, for such matters as logical or physical access control, fraud prevention, and other business processes While the federal courts have not had occasion to rule on the government-mandated use of biometrics, many decisions have established that an individual has minimal constitutional privileges concerning his fingerprints or similar physical characteristics and personal traits Moreover, the courts have upheld numerous federal, state, and municipal requirements mandating fingerprinting for employment and licensing purposes, provided that the government has a rational basis for requiring fingerprinting In the federal context, the so-called rational basis test means that Congress must show that the fingerprinting requirement bears a rational relationship to a legitimate government objective or interest The rational basis test is a lesser
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Lawrence Lessig, Code and Other Laws of Cyberspace 143 (Basic Books 1999) (citing M Ethan Katsh, Law in a Digital World 228 (Oxford University Press 1995)) United States v Westinghouse Elec Corp, 638 F2d at 577 n5
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