Privacy Issues with the Use of Smart Cards (2008) / Chapter Skim
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Pages 9-15
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10 signed to create an integrated, automated entry and exit system at the U.S. border points that records the arrival and departure of aliens, verifies their identities, and authenticates their travel documents through the comparison of biometric identifiers.44 The US-VISIT program employs digital finger scans and photos to screen foreign nationals entering the United States against watch lists.45 After 9/11, the federal government mandated that airline and airport employees have identity cards to access secured portions of the airports.
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11 confined circumstances. Thus, in United States v.
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12 Roe,70 a case involving a state statute that established a centralized computer file containing names and addresses of all persons who obtained certain prescription drugs. In upholding the state statute, the Court identified two interests affected by this governmental gathering of information: (1)
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13 It is, as yet, unclear whether the courts will adopt such a view. It would seem that one's facial features or retina are publicly observable physical features, though not at the detail permitted with modern computer technology.
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14 Seventh Circuit held, "the public interest in the safety of mass transit riders outweighs any individual interest in refusing to disclose physical evidence of intoxicating or drug abuse."95 Further, a long line of checkpoint cases have upheld police demands for drivers' licenses and automobile registrations as reasonable. Though the Supreme Court has not yet had occasion to rule on checkpoint inspections on pedestrians, the Court has held that forcing people to stop at a checkpoint constitutes a Fourth Amendment seizure; the issue is whether a suspicionless seizure is reasonable.96 The Court has distinguished between checkpoints whose principal purpose is to "detect evidence of ordinary criminal wrongdoing," and those whose focus is instead on serving some "special needs" other than crime control, the former being per se unreasonable absent some individualized indication of criminality and the latter permissible.
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15 One source notes three overriding characteristics of U.S. privacy law that account for its diversity and complexity: "(i)
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16 The Computer Matching and Privacy Protection Act of 1988113 amended the Privacy Act114 by designating the manner in which federal agencies could engage in computer matching and by providing certain protections for those applying for and receiving federal benefits. Section 7201 of the Omnibus Budget Reconciliation Act of 1990115 amended the Privacy Act by providing certain protections for individuals receiving federal benefits.
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