Santa Clara Computer And High Technology Law Journal; Vol. 11, No. 1

GLANCY, DOROTHY · 1995 · ROSA P / United States. Joint Program Office for Intelligent Transportation Systems

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Summary

This 1995 article by Dorothy J. Glancy examines the complex, reciprocal relationship between privacy rights and Intelligent Transportation Systems (ITS). The author argues that while surface transportation occurs in public spaces, the deployment of advanced computer and communication technologies creates unprecedented risks to individual privacy. Without proper safeguards, ITS could evolve into a pervasive surveillance network that subjugates individuals and restricts personal freedom. The paper aims to identify these privacy challenges to ensure that the technological infrastructure respects individual dignity, thereby enhancing both the effectiveness and public acceptance of ITS. Glancy analyzes the capacity of ITS technologies to affect privacy through real-time surveillance, data aggregation, and automated control. She details how ITS enables the continuous tracking of vehicle locations, driver behavior, and passenger movements, creating detailed travel histories and personal profiles. These profiles can be linked with other data sources, such as insurance or credit records, to create comprehensive individual dossiers used for marketing or law enforcement. The paper categorizes ITS technologies into seven service bundles, including travel management, electronic payment, and automated highway systems, noting that functions like GPS navigation and two-way mobile communications facilitate the collection of sensitive individual data. The core findings are presented through a "Top-Ten List of Privacy Concerns" derived from informal discussions with potential ITS users. The primary concerns include invisible, secret surveillance of movements; the automatic collection of comprehensive lifetime travel data; the creation of dehumanizing computerized profiles; and the aggregation of travel data with other personal information. Users also fear that ITS will manipulate travel choices through targeted advertising or congestion pricing, override individual decisions via automated vehicle monitoring, and transfer control of vehicles to automated systems. Additionally, there is significant anxiety regarding the power imbalance created when government agencies or private corporations use ITS to monitor, control, or disclose individual travel information. The significance of this work lies in its assertion that privacy is a fundamental principle of individual autonomy that must be integrated into the design and deployment of ITS. Glancy concludes that protecting privacy is essential for maintaining public trust and ensuring the successful adoption of intelligent transportation technologies. The paper highlights that privacy concerns are not merely technical issues but reflect deep-seated values regarding personal control, dignity, and resistance to manipulation by both state and corporate entities. By identifying these specific concerns, the article provides a framework for developing legal and technical strategies to safeguard privacy within the emerging ITS infrastructure.

Key finding

ITS technologies enable pervasive real-time surveillance and comprehensive data aggregation that can create detailed personal travel profiles, raising significant privacy concerns regarding secret tracking, data manipulation, and loss of individual autonomy.

Methodology

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