Every US citizen has the right to privacy, and it is illegal for the government or private companies to infringe upon the right to privacy.
The right to privacy protects personal information from being shared with the public. Some of the laws that deal with the right to privacy for personal information include:
- FTC
- HIPAA
The difficulty lies in balancing laws that protect the safety and quality of life of the public with the right to privacy. Government agencies need to conduct some surveillance to identify threats to public safety, but when does that surveillance violate the right to privacy?
The US Constitution and The Right to Privacy
Several of the US Constitution’s amendments give citizens a right to privacy and personal autonomy. Here are some examples:
- The right to privacy of beliefs (1st Amendment)
- Right to privacy of the home and against your home being used to house soldiers (3rd Amendment)
- Right to privacy against unreasonable searches (4th Amendment)
- Right to privacy of personal information through the right against self-incrimination (5th Amendment)
- The right to due process (14th Amendment)
The Bill of Rights also protects the right to privacy in an individual’s home through a “zone of privacy.” This means that people have the right to privacy in family matters like motherhood, child-rearing, marriage, and family. This includes the right to make decisions about contraception and marital privacy. (Griswold v. Connecticut 1965.) The right to privacy in abortion decisions and birth control decisions was established in Roe v. Wade in 1972. That the state must have a compelling interest to overrule the mother’s right to privacy in reproductive decisions.
Stanley v. Georgia 1969 used the 1st Amendment to uphold that people have a right to privacy in their own home, including what they read and watch. This case was about having and viewing pornography in their home. Lawrence v. Texas was a 2003 case where two gay men appealed charges based on a Texas law that prohibited sodomy. The justice found that the law was unconstitutional as they had a right to privacy regarding their sexual conduct in their own home. The Due Process Clause of the 14th Amendment was cited.
Right to Access of Personal Information
Right to privacy laws also allows people to access their personal information that the federal government holds. They can view this information, ask for incorrect information to be changed and to be notified when it is disclosed to other parties. This is per the 1974 Privacy Act.
Consumers must also have access to the personal information kept by credit reporting agencies and be able to change it if necessary. The credit agency must also protect the private information and control who can access it. These requirements are regulated by the Fair Credit Reporting Act.
The Financial Monetization Act of 1999 means that financial institutions must safeguard the private information they collect from their customers and provide a privacy policy that states how private data will be used.
Online Privacy
A person has a right to privacy online as well, especially on social media. Social media platforms must allow people to pick their privacy levels so that they can control who can see their personal information. This helps them to protect themselves from identity theft. The right to privacy allows people to keep their information private from strangers.
COPPA allows parents to control their children’s online activities and social media use. The parents protect their children’s right to privacy, and websites that collect information from people under the age of 13 need to post a complete privacy statement. There must be an opt out, and in some cases, they need parental permission.
Right of Publicity
Along with a right to privacy, US citizens have a right to not have their image or name used without their permission. A person has a right to privacy in the following ways in regards to commercial promotion:
- False light
- Intrusion
- Unreasonable publicity
- Appropriation of a likeness or name
For example, someone could sue for a violation of the right to privacy if a photo of them is used without their permission to sell a product.