Privacy Flashcards
Privacy
Right to be left alone
(freedom from unsolicited targeting, protects against unreasonable search and seizures)
Control over personal information
(what is shared and when)
Privacy as personhood
(right to make choices, do what we want with our bodies and our lives)
Dimensions of Privacy
Information
(ability to limit and control what info is distributed and used by other people)
Intimate activities
(freedom to make decisions about health, procreation, medication, and death)
Daily decisions
(left alone in our daily decisions, read, wear, watch, write)
Spiritual decisions
(freedom of religion, marriage, divorce)
Communication
(what we say to others, forms of communication) (freedom from monitoring and surveillance)
Home and other physical locations
(keep home or work private) (free of intrusion by others)
Public portrayal
(right to prevent our pictures or personal information to be used in commercial advertisements)
1890, Samuel D. Warren and Louis Brandeis argue “intrusive technology”
Provided foundation for development of law of privacy – right to be left alone
Is privacy harmful to society
Individual interest over societal responsibilities
(privacy is harmful and the idea is outdated, transparent and open society instead, privacy is lack of involvement in society, privacy emphasizes individual over society)
Interferes with the smooth and efficient functioning of society
(the more info we have the better we are to make judgments about people and groups, the Census collects info to understand the society)
Inhibits ability to solve crimes
(allow surveillance when it leads to resolving a case of crime, sex offender registry (publicly accepted intrusion), DNA databases)
Governments’ rights to limit privacy
Public Safety
(no right to privacy if it interferes with public safety including our own)
Public health
(required certain vaccines, prevention in the use of unlawful narcotics)
Public morality
(law prohibits prostitution, incest, state interest in obtaining money for sex)
Public welfare
(education for children required)
1965, Supreme Court held privacy is a constitutional right
to protect individuals from “unwarranted government intrusions”
Privacy not explicitly mentioned (in Constitution)
Amendment 14: Rights Guaranteed, Privileges and Immunities of Citizenship, Due Process, and Equal Protection
granted citizenship and equal civil and legal rights to African Americans and slaves who had been emancipated after the American Civil War
Four areas recognized by SC
Individual’s right to intimate relationships
Reproductive rights of women
Right to be free from widespread exposure of personal data
Unreasonable search and seizures
Intimate Relationships
Griswold v. Connecticut (1965)
Lawrence v. Texas (2003)
Criminal law cannot prevent distribution of and counseling in use of contraceptives
Anti-sodomy laws unconstitutional
Reproductive Rights
Eisenstadt v. Baird (1972)
Roe v. Wade (1973)
Carey v. Population Services International (1977)
Court extends rights of contraception to “unmarried” people
Right to terminate pregnancy through abortion
Not a crime to provide contraception to minors
Personal Information
Stanley v. Georgia (1969)
Whalen v. Roe (1977)
Government can’t restrict right to “intellectual” life, private thoughts
Govt. can collect personal info for those prescribed addictive drugs if precautions taken to safeguard data (not a violation, concern of Public health)
Searches and Seizures
Katz v. United States (1967)
California v. Greenwood (1988)
Smith v. Maryland (1976)
United States v. Miller (1976)
Florida v. Riley (1976)
Kyllo v. United States (2001)
USSC Establishes two-prong legal test for privacy:
1. Individual must have expectation of privacy in area being searched
2. Society must consider expectation of privacy to be “reasonable”
No “reasonable expectation” of privacy in garbage
reasonable expectation of privacy not applied to phone numbers
Bank records are not private
Drugs discovered by aerial surveillance not private
Police must get warrant to search home
Private businesses are obligated to protect your privacy
third-party doctrine; cannot release these
1. Medical records
2. Financial credit and consumer records
3. Educational records
4. Video records
State gov
1. Drivers license
2. personal identity and sensitive info (SSN, adoption records)
