2
Essay
75.1

Privacy Decisionmaking in Administrative Agencies

Kenneth A. Bamberger
Assistant Professor of Law, UC Berkeley School of Law
Deirdre K. Mulligan
Clinical Professor of Law; Director, Samuelson Law, Technology & Public Policy Clinic; Director, Clinical Program, UC Berkeley School of Law

Much appreciation to Colin Bennett, Malcolm Crompton, Peter Cullen, Lauren Edelman, Robert Gellman, Chris Hoofnagle, Robert Kagan, Jennifer King, Anne Joseph O’Connell, Fred B. Schneider, Ari Schwartz, Paul Schwartz, and the participants at The University of Chicago Law School’s Surveillance Symposium for insight, comment, and discussion; Nuala O’Connor Kelly and Peter Swire for consenting to be interviewed about their experience in privacy leadership roles within the United States government; Sara Terheggen, Marta Porwit Czajkowska, Rebecca Henshaw, and Andrew McDiarmid for their able research.

Administrative agencies increasingly rely on technology to promote the substantive goals they are charged to pursue. The Department of Health and Human Services has prioritized digitized personal health data as a means for improving patient safety and reducing bureaucratic costs. The DOJ hosts electronic databases that pool information between agencies to facilitate national law enforcement in ways previously unimaginable. The Departments of Defense and Education mine digital information to effect goals as diverse as human resources management; service improvement; fraud, waste, and abuse control; and detection of terrorist activity.

TABLE OF CONTENTS
    Administrative Law Privacy Technology