Lawyer Monthly - March 2022

MAR 2022 | WWW.LAWYER-MONTHLY.COM 13 Is theFuture for Privacy Doomed? Can you tell us a little about theUSPrivacy Act of 1974 andwhat it guarantees? Having practiced law for over 44 years, I have seen firsthand how privacy has undergone some unique changes. The Fourth Amendment and its California counterpart, Article 1, Section 1 of the California Constitution protect privacy in very broad, somewhat undefined ways to assure the sweeping scope of its safeguards: “The Privacy Initiative in Article I, Section 1 of the California Constitution creates a right of action against private as well as government entities” (Hill v. National Collegiate Athletic Association (1994), 7 Cal.4th 1, 20). The Privacy Act of 1974, 5 U.S.C.§ 552a et seq., prohibits federal agencies from disclosing “any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains”, unless the disclosure AI and computer technology have transformed many aspects of modern society in only a handful of decades, and their development is accelerating at an everincreasing rate. With the likes of Elon Musk’s company Neuralink looking to tether the human brain directly to a digital interface, questions have arisen regarding this developing technology’s potential to clash with longestablished notions of personal privacy. This month we hear from lawyer, author and producer Dale M Fiola, who examines the current trajectory of brain-interfacing technology and shares his concerns on where it may yet take us if privacy laws are not developed in tandem. Dale M Fiola Founder, Law Offices of Dale M Fiola 200 North Harbor Boulevard, Suite 217, Anaheim, CA 92805 T: (714) 635-7888 | (714) 635-7887 E:

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