Poverty and Privacy

The poor suffer certain specific violations of their right to privacy, and it’s fair to say that in general poverty means less privacy. Being poor often means having substandard housing. Without a proper house, or without a house at all, it’s much more difficult to be private. Furthermore, poverty often implies that people live together in “extended families”, perhaps even with others who aren’t family at all, strictly speaking. And this also reduces privacy in several ways (most obviously the intimate side of privacy).

In addition, being poor means being dependent on government welfare. But in order to benefit from welfare payments, tax credits, subsidies etc. the poor have to prove that they are indeed poor. Hence they have to divulge personal information to the government, and the government has a right to check this information. Some governments even have the right to do home searches in pursuit of welfare fraud.

If you view abortion as an aspect of privacy, then there’s an additional way in which poverty hurts privacy: the poor, because they have less access to birth control, will want to engage in abortion more often, and will therefore have their privacy violated by anti-abortion laws. Because the poor use public transportation more often, they are more likely to be tracked by police surveillance systems. They represent a disproportionate part of the prison population, and prison life obviously isn’t good for privacy. The poor are also more likely to be illegal immigrants, and therefore subject to control by the competent government agencies.

On the other hand, being poor allows people to avoid some types of privacy invasion: they use the internet less and hence are less at risk of internet related privacy violations; the poorest of the poor are less likely to take credit (credit means telling the bank about your income, spending, previous credit scores etc.) or to enroll in fidelity schemes (in which the use of a fidelity card tells the shop what you consume). Perhaps they won’t be taxed as much – or at all – and therefore don’t have to divulge private information to the tax authorities.

Still, on balance poverty is likely to have an adverse effect on privacy. Some even say that the poor are targeted by the government and that they are discriminated in their right to privacy simply because of their poverty. For instance, the way in which governments do home searches in pursuit of welfare fraud would be unthinkable if it were directed at other purposes and other social classes. It seems that the poor don’t only lose their privacy but also their right to privacy.

And poverty often also means the forfeiture of other, non-privacy rights. Simply begging or being homeless can still land you in jail and can get you kicked out of public places. In most countries, the days are gone when poor people were sterilized against their will, excluded from the vote, their children taken away from them etc. But in many parts of the world, poor children are still discouraged from going to school and forced into labor or warfare. Healthcare for the poor is still a problem, even in some developed countries, making it less likely that their health rights are respected. So don’t tell me poverty isn’t a human rights issue.

Discrimination (7): Statistical Discrimination v. Background Checks?

Employers often use background checks before deciding to hire someone. For example, they may check the criminal record of job candidates, their credit scores, health history etc. It’s somewhat understandable although not always acceptable that they are reluctant to hire someone who has been in jail, has been sick for a long time, or has proven to be undisciplined by not paying her bills.

Let’s focus on ex-convicts for the moment. These people have a hard time as it is, sometimes even for no good reason because they shouldn’t have been incarcerated in the first place (I argued here that many countries, and especially the U.S., put too many people in jail). So, allowing employers to use criminal background checks can force ex-convicts into a vicious circle: unable to find a job, they may be forced to go back to crime.

Furthermore, there’s a racial aspect to all of this: in the U.S., African Americans are more likely to be ex-convicts. According to some, this racial discrepancy is precisely the reason to allow criminal background checks. If employers aren’t allowed to check individual candidates, they will resort to statistical discrimination: they know that blacks are more likely to have a criminal record and so they won’t hire any blacks at all, just to be safe.

However, if you espouse this argument in favor of background checks, you essentially want to make things better for one disadvantaged group – blacks, who are generally disadvantaged in employment – by making things worse for an even more disadvantaged group, namely ex-convicts. And that’s assuming that employers will hire more black people if they can use criminal background checks; but assuming that means assuming there’s no racism. Helping a disadvantaged group by harming an even more disadvantaged group is plainly absurd, and you can only fail to see that it’s absurd if you have an overriding fear of government regulation. Regulation should be kept in check but not at any price. I think in this case regulating businesses and outlawing background checks is the appropriate thing to do.

Let’s turn briefly to another type of background check: credit scores.

[M]illions of Americans, as a direct consequence of looking for work, have lower credit scores. … The use of credit checks in employment decisions should be banned. It is a form of discrimination against the poor — the codification and enforcement of class barriers. It is therefore a form of discrimination against those groups more likely to be poor. (source)

It seems there’s a

growing tendency of HR departments to check the credit scores of potential employees apparently deeming this data to be an important predictor of employee behavior. This creates a Catch-22 scenario for the unemployed where you can’t improve your credit score unless you get a job and you can’t get a job until you improve your credit score. (source)

Apart from the obvious fact that credit scores seem to be a type of knowledge that is much less useful for an employer compared to a criminal record – if your house burned down and your credit score is low as a result, does that make you a bad employee? – there’s a real issue for the poor here. They shouldn’t be discriminated against just for being poor. It’s not just a lack of conscientiousness or discipline that can lower your credit score. Back luck and poverty won’t help either. Some say the free market and competition will take care of this: employers stupid enough not to hire good poor people simply because they have a credit problem will lose out. Their competitors who don’t engage in credit checks will hire them, and those businesses will acquire a commercial advantage. I don’t know. Seems awfully optimistic to me.