[governance] Corporations Now Have a Right To "Personal Privacy"

[Jeffrey A. Williams]

All,

  Well there went openess and transparency in the commercial
sector.  
See:http://yro.slashdot.org/firehose.pl?op=view&type=story&sid=09/10/02/1251203

https://secure.eff.org/site/SPageServer?pagename=DON_splash
I Don't Believe in Imaginary Property writes "Thanks to a 
http://www.ca3.uscourts.gov/opinarch/084024p.pdf recent
ruling (PDF) by the US Court of Appeals for the Third Circuit,
http://privacylaw.proskauer.com/2009/09/articles/foia/since-when-does-a-legal-entity-have-privacy-rights/ corporations now have a right to 'personal privacy,' due to the
application of a carelessly worded definition in the Freedom of
Information Act. FOIA exempts disclosure of certain records, but only if
it 'could reasonably be expected to constitute an unwarranted invasion of
personal privacy.' But in its definitions, FOIA makes the mistake of
broadly defining 'person' to include legal entities, like corporations.
The FCC didn't think that 'personal privacy' could apply to a
corporation, so they ignored AT&T's claim that releasing data from an
investigation into how AT&T was overcharging certain customers would
violate the corporation's privacy. The Third Circuit thought that the
FCC's actions were contrary to what the law actually says. So now the FCC
has to jump through more hoops to show that releasing data on their
investigation into AT&T's overcharging is 'warranted' within the meaning
of http://codes.lp.findlaw.com/uscode/5/I/5/II/552 
5 USC 552(b)(7)(c) before it can release anything."

Regards,

Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 294k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is very
often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B; liability
depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of
Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402 E-Mail jwkckid1 at ix.netcom.com
Phone: 214-244-4827




Regards,

Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 294k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is very
often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B; liability
depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of
Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402 E-Mail jwkckid1 at ix.netcom.com
Phone: 214-244-4827

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