1 / 11

The Right to Privacy

The Right to Privacy. Jody Blanke, Professor Computer Information Systems and Law. Right to Privacy. Origins in 1890 article by Samuel Warren and Louis Brandeis First state to recognize right in civil case Georgia – 1905. The Right of Privacy. Pavesich (1905). U.S. Constitution.

callum-levy
Download Presentation

The Right to Privacy

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Right to Privacy Jody Blanke, Professor Computer Information Systems and Law

  2. Right to Privacy • Origins in 1890 article by Samuel Warren and Louis Brandeis • First state to recognize right in civil case • Georgia – 1905

  3. The Right of Privacy Pavesich (1905)

  4. U.S. Constitution • Does not contain the word “privacy” • 1965 case held that “zones of privacy” emanate from the “penumbras” of the 1st, 3rd, 4th, 5th and 9th Amendments (Griswold v. Conn.) • 1967 case held that an electronic listening device violated the 4th Amendment (Katz v. U.S.) • concurring opinion proposed the “reasonable” expectation of privacy rule

  5. U.S. Constitution (cont.) • 1968 case adopted the notion of the “reasonable” expectation of privacy rule (Terry v. Ohio) • 1977 case identified two “privacy” interests (Whalen v. Roe): • the interest in avoiding disclosure of personal matters, and • the interest in independence in making certain kinds of important decisions

  6. State Constitutions • Ten state constitutions contain the word “privacy” • Ak., Ariz., Calif., Fla., Haw., Ill., La., Mont., S.C., Wash. • Ak., Calif., Fla., Haw. and Mont. have privacy protection beyond criminal search and seizure • Many provide for a right greater than that protected by the U.S. Constitution

  7. Invasion of Privacy Tort • Appropriation of name or likeness • e.g., Michael Jordan Wine • Intrusion upon seclusion • e.g., Jackie O, Holiday Inn, Mazzio’s Pizza, Sean Penn, Bill Gates, Bob Dylan, Katz, Kyllo • False light • e.g., Parade Magazine Teenage Prostitution • Publication of private embarrassing facts • e.g., “Joe Hero” Silvia Leyva at Café Intermezzo, Atlanta

  8. Federal Privacy Laws • Apply only to federal agencies • Freedom of Information Act (FOIA) (1966, re-titled in 1986) • Privacy Act (1994) • Very sectoral in approach • Fair Credit Reporting Act (FCRA) (1970) • Fair and Accurate Credit Transactions Act (FACTA) (2003) • Electronics Communications Privacy Act (ECPA) (1986) • Video Privacy Protection Act (1988) • revised in 2013

  9. Federal Privacy Laws (cont.) • Health Insurance Portability and Accountability Act (HIPAA) (1996) • modified by the Health Information Technology for Economic and Clinical Health Act (HITECH) (2009) • Children’s Online Privacy Protection Act (COPPA) (1998) • revised in 2013 • Gramm-Leach-Bliley Act (GLB) (1999) • Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) (2003)

  10. Privacy and the Web • Self regulation • “Opt-in” vs. “opt-out” • European Union Directive • Safe Harbor agreement • Privacy policies • Toysmart • Behavioral advertising • Cookies, web bugs, trackers, beacons

  11. Fair Information Practices • Notice/Awareness • Choice/Consent • Access/Participation • Integrity/Security • Enforcement/Redress

More Related