Policy Series vol 2 Privacy and Missing Persons after Natural Disasters By Joel R. Reidenberg, Robert Gellman, Jamela Debelak, Adam Elewa, and Nancy Liu Privacy and Missing Persons after Natural Disasters By Joel R. Reidenberg, Robert Gellman, Jamela Debelak, Adam Elewa, and Nancy Liu PRIVACY AND MISSING PERSONS AFTER NATURAL DISASTERS Center on Law and Information Policy Fordham Law School 140 West 62nd Street New York, NY 10023 (212) 930-8879 http://law.fordham.edu/clip Commons Lab Science and Technology Innovation Program Woodrow Wilson International Center for Scholars One Woodrow Wilson Plaza 1300 Pennsylvania Avenue, N.W. Washington, DC 20004-3027 www.CommonsLab.wilsoncenter.org ©2013, Center on Law and Information Policy, Fordham University School of Law and the Woodrow Wilson International Center for Scholars. This report may be reproduced in whole, or in part, for educational and non-commercial uses, pursuant to the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License found at <http://creativecommons.org/licenses/by-nc-nd/3.0/> and provided that the following attribution is given: Reidenberg, Joel R., Gellman, Robert, Debelak, Jamela, Elewa, Adam, and Liu, Nancy. Privacy and Missing Persons After Natural Disasters. Washington, DC and New York, NY: Center on Law and Information Policy at Fordham Law School and Woodrow Wilson International Center for Scholars (2013). Copies are available for download free of charge at http://www.scribd.com/collections/3840667/Commons-Lab-Science-and-Technology- Innovation-Program-STIP or http://ssrn.com/abstract=2229610. This report is a joint project between the Center on Law and Information Policy at Fordham Law School (Fordham CLIP) in New York, NY, and the Commons Lab of the Science and Technology Innovation Program (STIP) of the Woodrow Wilson International Center for Scholars, in Washington, DC. The report does not constitute legal advice and the content is not intended to be used as a substitute for specific legal advice or opinions. The views and opinions expressed in this report ii are those of the authors and are not presented as those of any of the sponsoring organizations or financial supporters of those organizations. Any errors and omissions are the responsibility of the authors. The Center on Law and Information Policy at Fordham Law School (Fordham CLIP) was founded to make significant contributions to the development of law and policy for the information economy and to teach the next generation of leaders. Fordham CLIP brings together scholars, the bar, the business community, technology experts, the policy community, students, and the public to address and assess policies and solutions for cutting-edge issues that affect the evolution of the information economy. Fordham CLIP’s work is disseminated and used to help influence the guiding principles of the new knowledge-driven society and help find solutions to difficult legal issues posed by information technologies. iii The Woodrow Wilson International Center for Scholars is the national, living US memorial honoring President Woodrow Wilson. In providing an essential link between the worlds of ideas and public policy, the Center addresses current and emerging challenges confronting the United States and the world. The Center promotes policy-relevant research and dialogue to increase the understanding and enhance the capabilities and knowledge of leaders, citizens, and institutions worldwide. Created by an act of Congress in 1968, the Center is a nonpartisan institution headquartered in Washington, DC; it is supported by both public and private funds. Conclusions or opinions expressed in Center publications and programs are those of the authors and speakers. They do not necessarily reflect the views of the Center staff, fellows, trustees, advisory groups, or any individuals or organizations that provide financial support to the Center. The Center is the publisher of The Wilson Quarterly and the home of both the Woodrow Wilson Center Press and the dialogue television and radio program. For more information about the Center’s activities and publications, please visit them on the Web at http://www.wilsoncenter.org/. Joseph B. Gildenhorn, Chairman of the Board Sander R. Gerber, Vice Chairman Jane Harman, Director, President and CEO Public Board Members: James H. Billington, Librarian of Congress John Kerry, Secretary, US Department of State G. Wayne Clough, Secretary, Smithsonian Institution Arne Duncan, Secretary, US Department of Education David Ferriero, Archivist of the United States James Leach, Chairman, National Endowment for the Humanities Kathleen Sebelius, Secretary, US Department of Health and Human Services Designated Appointee of the President from within the Federal Government: Fred P. Hochberg, Chairman and President, Export-Import Bank Private Board Members: Timothy Broas; John T. Casteen, III; Charles E. Cobb, Jr.; Thelma Duggin; Carlos M. Gutierrez; Susan Hutchison; Barry S. Jackson Wilson National Cabinet: Eddie and Sylvia Brown, Melva Bucksbaum and Raymond Learsy, Ambassadors Sue and Chuck Cobb, Lester Crown, Thelma Duggin, Judi Flom, Sander R. Gerber, Ambassador Joseph B. Gildenhorn and Alma Gildenhorn, Harman Family Foundation, Susan Hutchison, Frank F. Islam, Willem Kooyker, Linda B. and Tobia G. Mercuro, Dr. Alexander V. Mirtchev, Wayne Rogers, Leo Zickler iv The Science and Technology Innovation Program (STIP) analyzes the evolving implications of such emerging technologies as synthetic biology, nanotechnology, and geo- engineering.STIP’s research goes beyond laboratory science to explore new information and communication technologies, sensor networks, prediction markets, and serious games. The program provides critical yet nonpartisan research for the policymaking community and guides officials in the design of new governance frameworks. It gauges crucial public support for science and weighs the overall risks and benefits of technology for society at large. The Commons Lab of STIP seeks to advance research and independent policy analysis on emerging technologies that facilitate collaborative, science-based and citizen-driven decision- making, with an emphasis on their social, legal, and ethical implications. The initiative does not advocate for or against specific technological platforms. It works to ensure these technologies are developed and used to maximize benefits while reducing risks and unintended consequences. The Commons Lab focuses on novel governance options at the “edges” where the crowd and social media operate—between formal and informal organizations and proprietary and open- source models of data ownership and access. Commons Lab Staff David Rejeski, Director, Science and Technology Innovation Program Lea Shanley, Director, Commons Lab Zachary Bastian, Early-Career Scholar, Commons Lab Ryan Burns, Research Assistant Joe Filvarof, Program Assistant Aaron Lovell, Writer/Editor Blog: http://CommonsLab.WilsonCenter.org Facebook: http://www.facebook.com/CommonsLab Twitter: http://twitter.com/STIPCommonsLab Scribd: http://bit.ly/CommonsLabReports YouTube: http://biy.ly/CommonsLabVideo The Commons Lab of the Science and Technology Innovation Program is supported by the Alfred P. Sloan Foundation. v About the Authors Professor Joel R. Reidenberg led the Fordham CLIP team responsible for the research and writing of this report, with the assistance of members of the Missing Persons Community of Interest (MPCI). Robert Gellman, a privacy and information policy consultant, was the lead author. The team also included Jamela Debelak, Executive Director of Fordham CLIP, and two student researchers, Adam Elewa and Nancy Liu. Tim Schwartz, Chair of the Missing Persons Community of Interest, served as technical consultant to the Fordham CLIP team. Joel R. Reidenberg holds the Stanley D. and Nikki Waxberg Chair in Law and is the Founding Academic Director of Fordham CLIP at Fordham Law School. Reidenberg’s published books and articles explore both information privacy and information technology law and policy. He has served as an expert adviser to the US Congress, the Federal Trade Commission, and the European Commission on data privacy matters. Reidenberg received an A.B. degree from Dartmouth College, a J.D. from Columbia University, and both a D.E.A. droit international économique and a Ph.D in law from the Université de Paris-Sorbonne. He is admitted to the Bars of New York and the District of Columbia. Robert Gellman is a privacy and information policy consultant in Washington, DC. A graduate of the Yale Law School, Gellman has worked on information policy issues for more than 35 years. He served for 17 years on the staff of a House of Representatives Subcommittee responsible for privacy, freedom of information, health confidentiality, and other information policy matters. He served as a member of the Department of Health and Human Service's National Committee on Vital and Health Statistics (1996-2000), an advisory committee with responsibilities for health information infrastructure matters. He is the author of numerous columns, papers, congressional reports, and scholarly articles on privacy and related issues. Jamela Debelak is the Executive Director of Fordham CLIP. She also serves as Adjunct Faculty, teaching courses on Internet Law. Prior to joining Fordham CLIP, Jamela was an associate in the IP Transactional Group at Dechert LLP. She earned her B.A. degree summa cum laude from The Ohio State University and is a magna cum laude J.D. graduate of Temple Law School.