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15 Colum. J.L. & Soc. Probs. 143 (1979-1980)
Computer Matching Programs: A Threat to Privacy

handle is hein.journals/collsp15 and id is 153 raw text is: Computer Matching Programs: A Threat to Privacy? I. INTRODUCTION As government agencies' use of computers in compiling data about individuals has increased, concerns have developed over po- tential abuses of this technology, particularly the fear of possible intrusion into personal privacy.1 Modern computer technology has facilitated the matching and cross-checking of computer lists, ena- bling those in control of electronically stored information to create dossiers on individuals without their knowledge. This article exam- ines the issues raised by governmental computer matching pro- grams, focusing on their impact on the privacy rights of data sub- jects. The article looks at these issues in the context of two matching programs-the federal government's Project Match2 and the New York State Wage Reporting Systems-both of which are aimed at identifying persons illegally receiving welfare benefits. The article first describes the mechanics of the two programs and the reactions evoked by their implementation. This is followed by an analysis of the legal bases for protection against governmen- tal intrusions into privacy. The article then examines the major social policy questions raised by the computerization of personal records. The final section evaluates possible judicial, statutory, and administrative solutions to problems created by computer match- ing programs. II. THE WELFARE FRAUD PROGRAMS With welfare costs rising4 at a time when all levels of govern- 1. See generally A. MILLER, THE ASSAULT ON PRIVACY (1971); A. WESTIN, PRIVACY AND FREEDOM (1967); Project, The Computerization of Government Files: What Impact on the Individual?, 15 U.C.L.A. L. REV. 1371 (1968); Symposium: Computers, Data Banks, and Individual Privacy, 53 MINN. L. REV. 211 (1968). 2. 43 Fed. Reg. 1135 (1978). 3. 1978 N.Y. LAWS ch. 545 (codified in N.Y. Soc. SERV. LAW § 23 (McKinney Supp. 1979), N.Y. TAX LAW § 171-a (McKinney Supp. 1979) (second of two identically numbered Sections), N.Y. LABOR LAW § 537(4) (McKinney Supp. 1979), and to be codified in N.Y. TAX LAW § 679(e)). 4. Social welfare expenditures under public programs have risen from 52.3 billion dol- lars in fiscal year 1960 to 331.4 billion dollars in fiscal year 1976. U.S. SOCIAL SECURITY ADMINISTRATION, SOCIAL SECURITY BULLETIN, Jan. 1977 (and earlier issues), reprinted in U.S. BUREAU OF THE CENSUS, 1978 STATISTICAL ABSTRACT OF THE UNITED STATES 330 (99th ed.