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Criminal law (2022): Crimes against the person: Right to privacy (Part Two)
Season 17 Episode 33
Privacy laws in different countries.
Privacy laws apply to both public and private sector actors.
United States.
The Constitution of the United States and United States Bill of Rights do not explicitly include a right to privacy. Currently no federal law takes a holistic approach to privacy regulation.
In the US, privacy and associated rights have been determined via court cases and the protections have been established through laws.
The Supreme Court in Griswold v Connecticut, (1965) found that the Constitution guarantees a right to privacy against governmental intrusion via penumbras located in the founding text.
In 1890, Warren and Brandeis drafted an article published in the Harvard Law Review titled "The Right To Privacy" that is often cited as the first implicit finding of a U.S. stance on the right to privacy.
Right to privacy has been the justification for decisions involving a wide range of civil liberties cases, including Pierce v Society of Sisters, which invalidated a successful 1922 Oregon initiative requiring compulsory public education; Roe v Wade, which struck down an abortion law from Texas, and thus restricted state powers to enforce laws against abortion; and Lawrence v Texas, which struck down a Texas sodomy law, and thus eliminated state powers to enforce laws against sodomy.
Legally, the right of privacy is a basic law which includes:
1. The right of persons to be free from unwarranted publicity
2. Unwarranted appropriation of one's personality
3. Publicizing one's private affairs without a legitimate public concern
4. Wrongful intrusion into one's private activities
In 2018, California set out to create a policy promoting data protection, the first state in the United States to pursue such protection. The resulting effort is the California Consumer Privacy Act (CCPA), reviewed as a critical juncture where the legal definition of what privacy entails from California lawmakers' perspective. The California Consumer Protection Act is a privacy law protecting the residents of California and their Personal identifying information. The law enacts regulation over all companies regardless of operational geography protecting the six Intentional Acts included in the law.
Published on 3 years, 6 months ago