"Data mining is not an invasion of privacy because access to data is only by machines, not by people": this is the argument that is investigated here. The current importance of this problem is developed in a case study of data mining in the USA for counterterrorism and other surveillance purposes. After a clarification of the relevant nature of privacy, it is argued that access by machines cannot warrant the access to further information, since the analysis will have to be (...) made either by humans or by machines that understand. It concludes that the current data mining violates the right to privacy and should be subject to the standard legal constraints for access to private information by people. (shrink)