1.
The word privacy does not appear anywhere in the U.S. Constitution.
However, a right of privacy has been inferred from the First, Third and
Fourth Amendments.
2. The right of privacy is difficult to conceptualize and has been defined in many different ways. It is a flexible right and not an absolute right. A right of privacy may be legally recognized and protected under constitutional law, statutory enactment, common law and by contract.
2. The right of privacy is difficult to conceptualize and has been defined in many different ways. It is a flexible right and not an absolute right. A right of privacy may be legally recognized and protected under constitutional law, statutory enactment, common law and by contract.
3.
The legal touchstone of a right of privacy in the U.S. is whether there is a
"reasonable expectation of privacy." To be recognized the
person claiming the right of privacy must exhibit a subjective expectation of
privacy and that expectation must be deemed reasonable by society. This
test was formulated in the 1967 U.S. Supreme Court decision of U.S. v. Katz.
4. There are four common law privacy torts: intrusion upon seclusion, casting someone in a false light, misappropriation of name or likeness and disclosure of private facts. Utah recognizes all four torts.
4. There are four common law privacy torts: intrusion upon seclusion, casting someone in a false light, misappropriation of name or likeness and disclosure of private facts. Utah recognizes all four torts.
5.
Technology is having a profound impact on privacy. Some new technologies protect privacy while
others threaten privacy.
6.
The third-party doctrine was established by the U.S. Supreme Court in the 1970’s
and stands for the principle that if you voluntarily provide information to a
third-party you have no reasonable expectation of privacy in that information
and thus the government does not need a search warrant to access the information.
7.
The third-party doctrine has been criticized as being outmoded because much has
changed since the 1970’s. In today’s
digital world people pass enormous amounts of personal and confidential information
through the hands of third parties when using the internet, cloud services and
mobile phones. Critics of the doctrine
argue it is no longer reasonable to believe that when using these services and
devices that people abandon any expectation their information will remain
private.
8. One’s digital footprints and posts are often
everlasting due to internet archiving and databases.
No comments:
Post a Comment