GW Law Faculty Publications & Other Works Faculty Scholarship 2002 Access and Aggregation: Privacy, Public Records, and the Constitution Daniel J. Solove George Washington University Law School,
[email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation Daniel J. Solove, Access and Aggregation: Privacy, Public Records, and the Constitution, 86 Minn. L. Rev. 1137 (2002). This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact
[email protected]. Access and Aggregation: Public Records, Privacy and the Constitution Daniel J. Solove† CONTENTS Introduction . 1138 I. The Problem of Public Records . 1142 A. An Overview of Public Record-Keeping . 1142 1. Federal, State, and Local Public Records . 1142 2. The Government-Madison Avenue Connection . 1149 3. The Impact of Technology . 1152 B. The Regulation of Public Records . 1154 1. The Common Law, Court Records, and Protective Orders . 1154 2. Freedom of Information Laws . 1160 3. Privacy Acts . 1164 4. Access and Use Restrictions . 1169 5. Restrictions on State Information Practices . 1171 6. Conclusion: The Regulatory Regime of Public Records . 1172 II. Access and Aggregation: Rethinking Privacy and Public Records . 1173 A. The Tension Between Transparency and Privacy . 1173 B. Conceptualizing Privacy for Public Records . 1176 1. Access: The Public is Private . 1176 2. Aggregation: The Digital Biography . 1184 † Assistant Professor, Seton Hall Law School; J.D.