Yes, there is a legally protected right to privacy in the United States.
This right is not explicitly mentioned in the U.S. Constitution, but the Supreme Court has inferred it from several constitutional amendments, such as the First, Fourth, and Fifth Amendments.
The history of the right to privacy in the United States can be traced back to the late 19th and early 20th centuries.
In 1890, Samuel Warren and Louis Brandeis published a seminal law review article titled “The Right to Privacy,” which argued that individuals have a legal right to be “let alone.”
This idea gained traction over time, and the Supreme Court eventually recognized a constitutionally protected right to privacy through interpretations of several constitutional amendments, such as the First, Fourth, and Fifth Amendments.
Unwanted Intrusions
The right to privacy protects people from unwanted intrusions into their personal lives.
A violation of privacy or invasion of privacy happens when there is an unwarranted intrusion into a person’s personal matters.
Examples include unauthorized collection of personal data, unauthorized surveillance, or intrusion into private spaces like homes.
Here are scenarios for the three examples of privacy violations.
Unauthorized Collection of Personal Data
Imagine a smartphone app that secretly collects personal data, such as your location, contacts, and browsing history, without your knowledge or consent.
This data is then sold to third parties for targeted advertising or other purposes.
In this scenario, the unauthorized collection of personal data is a violation of your privacy rights.
Unauthorized Surveillance
Suppose a neighbor installs a hidden camera in your backyard or a landlord places a secret camera in your apartment’s bedroom or bathroom.
This type of surveillance would constitute an invasion of privacy, as it involves unauthorized monitoring of your private spaces and activities.
Intrusion into Private Spaces
Imagine a scenario where a person enters your home without permission, whether by breaking in or using a key they shouldn’t have.
This intrusion could involve rummaging through your belongings or taking photos of the interior of your home.
In this case, the invasion of your private space would be a violation of your privacy rights.
What Are Some Federal Laws That Protect My Privacy?
Several federal privacy laws protect personal information and limit the collection and use of such data. Some of these laws include:
The Privacy Act of 1974
The Privacy Act of 1974 was enacted to protect people’s personal information held by federal agencies.
Under this act, federal agencies are required to follow specific guidelines when collecting, maintaining, using, and disseminating personal information.
The Privacy Act also grants people the right to access and amend their records held by federal agencies.
In addition, the act prohibits the disclosure of personal information to unauthorized individuals or entities without the consent of the person, subject to certain exceptions.
The Fair Credit Reporting Act (FCRA)
The FCRA was enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of credit reporting agencies.
The act sets standards for how credit reporting agencies collect, maintain, and report consumer credit information.
Consumers have the right to access their credit reports, dispute inaccurate information, and be informed if their credit history has been used against them (e.g., denied credit, employment, or insurance).
Lastly, the FCRA places time limits on how long negative information can be reported and requires credit reporting agencies to remove outdated information.
The Health Insurance Portability and Accountability Act (HIPAA)
HIPAA was enacted to protect the privacy and security of individuals’ health information.
The Privacy Rule under HIPAA sets standards for how covered entities (e.g., health care providers, health plans, and clearinghouses) can use and disclose protected health information (PHI).
The Security Rule establishes safeguards to protect electronic PHI, while the Breach Notification Rule requires covered entities to notify affected people, the Department of Health and Human Services (HHS), and in some cases, the media in the event of a breach involving unsecured PHI.
The Electronic Communications Privacy Act (ECPA)
ECPA was enacted to protect the privacy of electronic communications from unauthorized interception or unlawful wiretapping.
The act is composed of three parts:
- The Wiretap Act;
- The Stored Communications Act (SCA);
- The Pen Register Act.
The Wiretap Act prohibits the interception of electronic communications, such as emails and phone calls, without proper authorization.
The SCA protects the privacy of stored electronic communications, such as emails stored on a server, by limiting unauthorized access.
The Pen Register Act regulates the use of pen registers and trap-and-trace devices, which can record or capture the dialing, routing, and signaling information of electronic communications.
Do State Laws Protect My Privacy?
State privacy laws vary from state to state, but many states have enacted legislation to protect the privacy of their residents.
These laws cover data breach notification, biometric data protection, and online privacy.
Some states have constitutional provisions that protect privacy rights more broadly than others, so speak with a local lawyer to learn more.
Do I Have a Right to Privacy During a Lawsuit?
During the course of a lawsuit, privacy rights can be impacted by discovery processes, which allow parties to gather information relevant to the case.
However, courts recognize that people have a right to privacy and will often limit the scope of discovery to protect sensitive information.
In some cases, protective orders may be issued to prevent the unnecessary disclosure of private information.
How Can I Protect My Privacy Rights?
To protect your privacy rights, you can do the following:
- Be cautious about sharing personal information online, and safeguard your digital accounts with strong passwords.
- Monitor your credit reports and financial accounts for suspicious activity.
- Stay informed about your rights under federal and state privacy laws.
- If you believe your privacy rights have been violated, consult with an attorney to explore your legal options.
Can a Lawyer Help Me Protect My Privacy?
Yes, a civil rights lawyer can help you protect your privacy rights.
An experienced attorney can provide guidance on privacy laws, advise you on potential violations, and represent you in court if necessary.
If you suspect that your privacy rights have been violated or need assistance navigating the complexities of privacy law, reach out to a civil rights lawyer for help.
LegalMatch is an online legal matching service that can help you find a civil rights lawyer who practices privacy law. Here’s how LegalMatch works:
- You submit your case details and information about your legal needs through LegalMatch’s online platform.
- LegalMatch matches you with qualified lawyers who have experience in the area of law you need help with.
- You review the lawyer profiles and proposals and choose the lawyer you want to work with.
- You and your lawyer can then communicate through LegalMatch’s secure online platform to discuss your case, ask questions, and exchange documents.
- LegalMatch provides a satisfaction guarantee, which means that if you are not satisfied with the lawyer you chose, you can request a new match at no additional cost.
LegalMatch can save you time and effort by connecting you with qualified lawyers who can help you protect your privacy rights.
Put your legal worries about your right to privacy to bed today. Use LegalMatch for free.
