While the term “privacy” is not explicitly mentioned in the United States Constitution, the Supreme Court has recognized a constitutional right to privacy that is implied by the language and spirit of the First, Fourth, Fifth, and Fourteenth Amendments.
In addition to constitutional protections, various federal and state laws define and protect privacy rights. For example, the Health Insurance Portability and Accountability Act (HIPAA) sets standards for protecting the privacy and security of certain health information. The Electronic Communications Privacy Act (ECPA) provides protections for electronic communications, while the Video Privacy Protection Act (VPPA) regulates the disclosure of video rental records.
Overall, privacy in the United States is a complex and multifaceted legal concept, with different laws and regulations applying to different situations and contexts
Different Ways of Defining and Dealing with Privacy:
The Center for Humane Technology
The Center for Humane Technology advocates for ethical and humane technology design. Their definition of data privacy is centered around the idea that individuals should have control over their personal data, and that data should only be used in ways that respect people’s dignity, autonomy, and well-being.
The Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF): This digital rights organization defines data privacy as the right to control one’s personal information and to determine how it is collected, used, and shared by others.
The National Institute of Standards and Technology
National Institute of Standards and Technology (NIST): NIST is a non-regulatory agency of the U.S. Department of Commerce that provides guidelines and standards for information security. Their definition of data privacy focuses on protecting the confidentiality, integrity, and availability of information, including personal information.
European Union (EU) Law
European Union (EU) Law: The EU’s General Data Protection Regulation (GDPR): defines data privacy as the protection of personal data and the rights of individuals to control how their data is collected, processed, and used by organizations.
California Consumer Privacy Act (CCPA)
California Consumer Privacy Act (CCPA): This law gives California residents the right to know what personal information is being collected about them, to request deletion of that information, and to opt-out of its sale. The CCPA defines personal information broadly, including data such as IP addresses and browsing history.
Family Educational Rights and Privacy Act (FERPA)
Family Educational Rights and Privacy Act (FERPA): This law protects the privacy of student education records, including personally identifiable information such as grades and transcripts.
Health Insurance Portability and Accountability Act (HIPAA)
Health Insurance Portability and Accountability Act (HIPAA): sets national standards for protecting the privacy and security of certain health information, including medical records and other personal health information.
Gramm-Leach-Bliley Act: This law requires financial institutions to protect the privacy of their customers’ personal financial information, including data such as bank account numbers and credit card numbers. This is considered protecting privacy from a financial perspective.