by Kathi DowseData brokers, sometimes called data aggregators or people search sites, comprise a rookie industry that is increasing in the digital environment. Companies like these collect, process, and sell vast amounts of personal data, often without the knowledge or consent of the people concerned. In the last few years, the data broker industry has risen exponentially, with an estimated 4,000 to 5,000 companies in the United States alone. Data brokers’ role is massive in law enforcement and investigations, but it has significant implications for the privacy of individuals.
They gather that information from public records, social media, Online data privacy transactions, and surveillance cameras. The collected data is analyzed and linked using sophisticated algorithms, which build detailed profiles of a person. This may include sensitive information such as the person’s name, residence, phone number, e-mail address, employment history, and medical records. Data brokers resell this compiled data to customers, including law enforcers, private detectives, and marketers.
It is an almost entirely unregulated industry, and data brokers are seldom subjected to oversight, much less held accountable. This leads to questions about the data’s accuracy and reliability. This inaccurate, at worst, or simply outdated information may be dangerous in some cases—for instance, false arrest or cases of mistaken identity. Moreover, opacity across the data broker industry makes it very difficult for people to find out how their data is used or forbids the collection of personal data in the first place.
Law Enforcement and Data Brokers: A Controversial Partnership
In particular, data brokers have significantly helped investigation and surveillance activities by providing data to law enforcement. Brokers make more access to personal data available, which can be used to track a given individual’s activities, develop functional patterns in building cases, and so on. However, this kind of relationship has several implications for personal privacy.
Two of the most prominent concerns are that law enforcement agencies are cadre beneath traditional legal processes by turning to the services of data brokers. A law enforcement agency can buy the data from data brokers instead of getting warrants or subpoenas. This leads to questions over the legality and constitutionality of these practices.
Furthermore, even law enforcement agencies can obtain biased and discriminatory results from data brokers. Algorithms used by data brokers tend to further already existing biases in society and lead to surveillance and targeting of already marginalized communities disproportionately. This could result in an increased spiral cycle of surveillance and oppression in those groups disproportionately affected by law enforcement.
Surveillance and Privacy Concerns
The close relationship between data brokers and government agencies in law enforcement breeds surveillance and privacy issues. Collecting and selling personal data without an individual’s consent or knowledge is a core infraction of privacy rights. Besides, this kind of surveillance via such data could result in a chilling impact whereby most people will be reluctant to exercise their rights or engage in lawful activities for fear of being monitored.
These concerns are heightened because the data brokers industry is notoriously nontransparent and nonaccountable. A person has yet to learn what data is used for and to whom it will be sold. It becomes challenging to hold data brokers and law enforcement agencies liable for their actions without such disclosures.
Furthermore, it creates a situation in which there is a blurred distinction between criminal investigations and intelligence gathering by law enforcement agencies, thereby resulting in targeting that is expressly forbidden, such as on political beliefs or religious affiliation.
The Need for Regulation and Oversight
The urgent need is to regulate and oversee the data broker industry and its relationship with law enforcement. The lack of transparency and accountability and the oversight of the sector engender a high level of privacy concern and potential power abuse.
One of the possible solutions in this regard is making a more stringent regulation of the data broker industry by providing transparency, accountability, and individual consent. This could include data protection laws that would give people more control over their personal data and data brokers.
Furthermore, law enforcement agencies must be liable for availing themselves of data brokers. This could include mandating warrants or subpoenas for purchases of personal data and increasing transparency in the use of data brokers during investigations and surveillance.
Ultimately, this relationship between data brokers and law enforcement agencies needs a more profound adjustment in balancing national security, public safety, and individual privacy. We could create tighter regulations and controls for transparency, accountability, and respect toward individual privacy rights in using data brokers.