Electronic Access to Information and the Privacy Paradox: Rethinking "Practical Obscurity"

Title: Electronic Access to Information and the Privacy Paradox: Rethinking "Practical Obscurity"

Research Question: How does the concept of "practical obscurity" affect the balance between information access and privacy in the digital age?

Methodology: The study examines the research article's analysis of the impact of the Supreme Court's decision in Department of Justice v. Reporters Committee for Freedom of the Press on the Freedom of Information Act (FOIA). The author investigates the creation of the "practical obscurity" concept and its implications for freedom of information law.

Results: The research found that the Court's decision in Reporters Committee created a bright-line test for determining whether information is public or private. However, this test often fails to account for the complexities of modern digital records. The study also highlights the concept of "practical obscurity," which suggests that computerized compilations of once-obscure records can transform public records into private data.

Implications: The research suggests that the Court's decision in Reporters Committee has limited the scope of information that can be released under the FOIA. It also proposes an alternative approach to balancing privacy and access, drawing on cases related to the Privacy Act, a close legislative cousin of the FOIA.

Significance: This research is significant because it explores the challenges posed by the digital age to the traditional balance between information access and privacy. It also provides valuable insights into the implications of the Reporters Committee decision for freedom of information law.

Link to Article: https://arxiv.org/abs/0109083v1 Authors: arXiv ID: 0109083v1