Most of the questions we ask about data mining and link analysis are policy questions. Is it good? Does it work? Who does it effect? Lurking behind these policy issue however are some legal questions. What does the current law say about government data base uses? Is it limited by the constitution? What about the right to privacy?
- Fourth Amendment: Some wonder whether or not the Constitution (and more specifically, the Fourth Amendment) has anything to say about the subject. After all, the Fourth Amendment limits the government’s right to search your house and seize evidence – how does that bear on the use of personally identifiable data? Click here for an explanation of the current state of Fourth Amendment law and doctrine with links to academic and non-academic discussions
- Privacy: Is there a right to privacy? How do we define privacy? How is it protected and is data mining and link analysis a violation of that right?
- Statutory Law: Since the Constitution has little to say about data mining, most of the limitations and other provisions are based in statutes passed by Congress.
