chapter 12 Flashcards
International Covenant on Civil and Political Rights
recognises the right to privacy on the global level.
tort law
protects US citizens against direct and obvious violations of privacy.
Fourth Amendment (US Constitution)
protects citizens against unreasonable searches and seizures by the government.
reasonable expectation of privacy
the government may not in principle interfere with privacy when a citizen has reasonable expectation to be private, unless it is authorised by special means. the Supreme Court first applies a subjective test, and then the objective test. private areas are eg. someone’s home or office. public areas are not protected under the Fourth Amendment.
subjective test
test to establish whether the individual involved feels that his privacy is violated.
objective test
test that reviews what society in general would think about whether an individual’s privacy is violated.
Fourteenth Amendment
recognises the right to liberty, which encompasses privacy aspects in the sphere of family life and self determination. eg. the court has declared state laws unconstitutional that violated the right to choose the type of school you prefer, the free choice to use contraception or not, etc.
state constitutions
a general right to privacy is recognised in the Constitution of some US States.
Federal laws
regulate some aspects of privacy further. it also regulated topic by topic, instead of a general approach. it regulates both public and private law aspects but always in separate acts.
Privacy Act (1974)
basically requires government employees to collect only the private data of citizens when it is proportionate to its legitimate goal. this includes that the government should obtain the data preferably from citizens and only use it when absolutely necessary.
privacy of communication
includes that the content of email correspondence is private, but not always with public affairs or in employment.
Patriot Act (2001)
includes that in case of suspected terrorism, the posibilities to gather digital communication are much broader.
Electronic Communications Privacy Act
includes a prohibition to install pen registers or tap and trace devices without a courts permit. Internet Service Providers are excepted when it is necessary to protect the provider or users from unlawful or abusive use.
intrusion on seclusion
applies when someone intentionally intrudes the privacy of someone else.
appropriation/right of publicity
applies when someone uses someone else’s name or likeliness without permission for commercial purposes.
