This Note examines possible constitutional protections for the individual interest in restricting a government agency's dissemination of legitimately compiled personal information to the purpose for which it was originally obtained. Part II of this Note defines the substantive interest that underlies the individual's desire to limit disclosure of information about himself by the government. Part III examines Congress' response to the growing public concern for individual control of personal information and concludes that legislative action has been and likely will continue to be inadequate protection for the individual's interest in limited disclosure. The next part discusses the possible textual sources in the Constitution that secure this interest. Part V examines the level of constitutional scrutiny properly required for the interference with the limited disclosure interest. This Note concludes that an individual who suffers injury should have standing to contend that the government had no legitimate interest in disclosing his personal information in violation of the original confidence, or that the disclosure did not bear a rational relationship to achievement of a valid governmental objective.
Heyward C. Hosch III,
The Interest in Limiting the Disclosure of Personal Information: A Constitutional Analysis,
36 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol36/iss1/5