COM 0314.036 1996-1998 - Laserfiche WebLink

Home

I ' SEPTEMBER 9, 1978 635 ,.:x. Our Constitution has addressed itself to many reforms--reforms that give the State jurisdiction over many of the private things we have enjoyed in the past. And somehow I feel that the right to privacy is going to be neglected if we do not address ourselves to it now . CHAIRMAN: Thank you, Delegate Anae. The Chair recognizes Delegate Burgess. DELEGATE BURGESS: Mr. Chairman, I speak in favor of this amendment. I am completely in accord with the idea expressed, of protecting everyone's right to privacy. Bu[ I see a red flag when I think about [he consequences of this provision as it's appar- ently intended. I see it as potentially being used for suppression of information rather than protection of privacy. I see it as giving a new tool to government to be used for i the detriment of the people's right to know. ' i n I've heard the comments and listened carefully to those who spoke against the amendment. I've also just read the standing committee report, and the thing [hat con- cerns me is the argument that this new provision is supposed to cover some tort privacy. It's supposed to protect one citizen against other citizens. This is not like all other pro- ~ visions in the Bill of Ri gh[s, which are designed to protect individuals against government, This is some new feature; it's designed to be something in the nature of legislation which is designed to protect one individual against another individual, in their search to determine their private rights as between each other. I'm very concerned about it. I'm particularly concerned about this reference relating [o privacy in the informs- tional sense. For example, would this mean that you cannot gather information about e any other individual, any other person? Is that a violation of [he Constitution? Would this type of provision, for example, have prevented Woodward and Bernstein from gath- ering information that would be embarrassing to Richard Nixon? Would this type of a provision in the Constitution, if it goes beyond what's already in the Constitution which ~Y. protects people against unreasonable invasions of privacy--if we're doing something ; beyond that, could it be used, for example, if in alawsuit--one private party to a lawsuit is seeking information about another private party and asking to compel disclosure of his medical records? That's an ordinary part of every litigation where persona] injury I i is involved. Would this type of provision prohibit gathering that type of information? - I I get very nervous when we start tampering with the right to gather information. I'm very worried that if we're looking to cure one evil--and I agree that computer infor- mation, if it's used in a bad way, can be an evil--in trying to cure that evil, we may i _ be creating a monster. Would i[ mean, for example, if one of the delegates here wants to write a book about this Convention and what i[ did, would he be prohibited from gath- ering information about what each of us said in our campaign speeches and how we acted when we actually were here during these deliberations of the Convention? Apparently some of that would be embarrassing to some of us. Is that the type of information--the type of right to privacy which is to be protected? I would agree with the movant of this motion that [he Constitution as worded, which has stood the test of time for at least 10 years in Hawaii, adequately and completely protects the right to privacy. This additional provision is one which could be used for suppression-- and it's dangerous. I urge you to support this amendment. CHAIRMAN: Thank you, Delegate Burgess. Is there further discussion? Delegate , Lee is recognized. DELEGATE MARION LEE: Mr. Chairman, I rise to speak against this amendment. I feel that this is the essence of our entire way of American life. In my own persona] life, I would consider this the most important thing which ivalue--my privacy, I feel ` that I should be able to do anything and act in any way that I want within the confines of my home, as long as it does not hurt anyone else. I definitely feel that no one has any business whatsoever in stopping me from doing whatever 1 wish within my home. Therefore, I would urge you to vote against this amend- ment. ' CHAIRMAN: Thank you, Delegate Lee. The Chair recognizes Delegate Pulham. ff I ,~~.r~