Presentation on theme: "US Constitution and Right to Privacy Generally only protects against government action Doesn’t obligate government to do something, but rather to refrain."— Presentation transcript:
US Constitution and Right to Privacy Generally only protects against government action Doesn’t obligate government to do something, but rather to refrain from doing things Limits power of government on citizens; doesn’t regulate interactions among citizens or grant rights to citizens
US Constitution and Right to Privacy (cont) No explicit constitutional right to privacy Interpretation of some of Bill of Rights to provide some protection to elements of individual privacy against intrusive government activities
Some Amendments First Amendment—freedom of expression, association, religion; not much help regarding privacy rights outside of the home; preponderance is on free speech Fourth Amendment—searches and seizures; reasonable expectation to privacy, but doesn’t apply to most areas like bank records, etc.
More Amendments “Penumbra and Emanations” from the Bill of Rights to grant fundamental privacy rights having to do with marriage, procreation, etc.; zones of privacy; strict scrutiny (Ninth Amendment) Fourteenth Amendment—personal liberty and limits on state action; regarding disclosure of personal information; intermediate scrutiny Not much help to informational privacy in any of this
Supreme Court Interpretations Expression and association –First amendment Searches and seizures –Fourth amendment Fundamental decision making –“penumbra and emanations” Informational privacy –Fourteenth amendment
The Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause,supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Fourteenth Amendment No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law, or deny to any person within its jurisdiction the equal protection of the laws.”
The Ninth Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Legislative Actions Regarding Public Entities Privacy Act of 1974 (ineffective) –Store only relevant and necessary personal information –Collect information to extent possible from the data subject –Maintain records with accuracy and completeness –Establish safeguards for data security Driver’s Privacy Protection Act of 1994
Private Sector Fair Credit Reporting Act of 1970; amended by Consumer Credit Reporting Reform Act of 1996; also Fair and Accurate Credit Transactions Act of 2003 Electronic Funds Transfer Act of 1978 Electronic Communications Privacy Act of 1986 Telecom Act of 1996 Cable Communication Act of 1984 Video Privacy Protection Act of 1988 Family Education Rights and Privacy Act of 1974 Telecom Act of 1996, Section 222, Privacy of Customer Information
Tort Law Four categories of invasion of privacy –Physical intrusion –Appropriation of another’s name or likeness –Publicity that places another in a false light –Publication of private facts (matter publicized has to be highly offensive and not of legitimate concern to the public) Not much help in any of this for informational privacy
NTIA report on telecom privacy “Like services do not have like privacy protection.... Federal regulations grant individuals the right to ask for confidential treatment of CPNI, but only from certain telephone companies (RBOCs and GTE). Multi-line customers are given notice about privacy rights; single-line customers are not.... The privacy provisions of the Cable Act do not apply to DBS and wireless cable operations...