SMU presentation

• Law based on custom and usage and confirmed by the decisions of judges, as distinct from statutory law.
Privacy Common Law
• Common Law a product of social and cultural evolution:
Tangible and Intangible Property
• Tangible right
– Ownership of property physical and intellectual – Control of physical space protected by the 4th Amendment
What is Privacy?
• An intangible property right
– The right to be let alone – The right to be anonymous – The right to control who, when, where, and how information about us is shared – A recently recognized human right
• Right to property
– Tangible and intangible
Types of Privacy
• • • • • • • • • Bodily Privacy Locational Privacy Political Privacy Medical Privacy Genetic Privacy Internet Privacy Voter Privacy Family Privacy Religious Privacy
– As society changed and greater proximity of persons to each other created new opportunity for conflict and competition increased so did the need for new laws.
Pro-Privacy Statutory Law
• • • • • • • Children’s Online Privacy Protection Act 1998 Gramm-Leach-Bliley Act 1999 CAN-SPAM Act 2003 Fair and Accurate Credit Transaction Act 2003 Video Voyeurism Prevention Act 2004 Telephone Records and Privacy Protection Act 2006 Health Insurance Portability and Accountability Act 1996 • Identity Theft and Assumption Deterrence Act 1998
ห้องสมุดไป่ตู้
Pro-Privacy Statutory Law
• • • • • • • • Privacy Protect Act 1980 Cable Communication Policy Act 1984 Electronic Communications Privacy Act 1986 Computer Matching and Privacy Protection Act 1988 Employee Polygraph Protection Act 1988 Video Privacy Protection Act 1988 Telephone Consumer Protection Act 1991 Driver’s Privacy Protection Act of 1994
Privacy Protections in Torts Law
• • • • Public disclosure of private facts Intrusion upon Seclusion False Light Appropriation
Federal Privacy Case Law
The Right to Privacy a New Common Law Right
Lillie Coney Associate Director EPIC
Lillie Coney is Associate Director of the Electronic Privacy Information Center. EPIC is a public interest research center established in 1994 to focus public attention on emerging civil liberties issues and to protect privacy, the First Amendment, and constitutional values. /
• Intangible rights
– Right to be happy – Freedom from nuisance – Freedom from slander and liable
Pro-Privacy Statutory Law
• Fair Credit Reporting Act 1970 (public law 90-32, 15 U.S.C. Sec. 1681) • Privacy Act 1974 (public law 93-579, 5 U.S.C. Sec 552a) • Family Education Rights and Privacy Act of 1974 (public law 93-380, 20 U.S.C. Sec. 1221) • Right to Financial Privacy 1978 (public law 95-630, 12 U.S.C. Sec. 3401-3422) • Foreign Intelligence Surveillance Act of 1978 (public law 95-511, 15 U.S.C. Sec. 1801-1811)
Reasonable Expectation of Privacy
• The test: – A person must have exhibited an actual (subjective) expectation of privacy – The expectation be one that society is prepared to recognize as reasonable.
U.S. Constitution and Privacy
• 1st Amendment affords a right to speak anonymously, privacy in membership to groups, and travel privacy: “Congress shall make no law…abridging…the right of the people peaceably to assemble.” McIntyre v. Ohio Election Comm’n, 514 U.S. 334 (1995), NAACP v. Alabama, 357 U.S. 449 (1958), Shelton v. Tucker, 364 U.S. 479 (1960) • 3rd Amendment protects the privacy of homes: “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in times of war, but in a manner to be prescribed by law” • 4th Amendment provides a right of privacy in documents, materials, and records: “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, (Brandeis Dissent Olmstead v. United States, 277 U.S. 438 (1938) • 5th Amendment protects privacy by prohibiting the forced disclosure of personal information to government
Griswold v. Connecticut, 318 U.S. 478 (1965) – Court Declared that individuals have a constitutional right to privacy found in the “penumbras” or “zones” of freedom created by an expansive interpretation of the Bill of Rights Katz v. United States, 389 U.S. 347 (1967) – The 4th Amendment protects people and not places – Police must obtain warrants when searches take place in public locations like a phone booth Whalen v. Roe, 433 U.S. (1977) Privacy rights extended to the avoidance of disclosure of personal matters.