Our human rights regarding the Right to Privacy.
One of the main topics in protecting our privacy is technology. As technology evolves, more of our personal information is in the hands of third parties. From smartphones to emails and social media. The right to privacy is protected by statutory law. For example, the Health Information Protection Portability and Accountability Act (HIPAA) which protects a person's health information. Any person should have the right to determine what type of information about them is collected and how/where that information would be used. U.S SUPREME COURT ESTABLISHED THE RIGHT TO PRIVACY IN 1972. “NOBODY HAS THE RIGHT TO COME INTO OUR HOME, OPEN OUR LETTERS, OR BOTHER US OR OUR FAMILY WITHOUT A GOOD REASON.”(UDHR)
Where’s our privacy? We are being monitored.
GPS monitors your movements, and your smart TV or webcam can watch you. Practically all the data these gadgets gather can be offered to organizations or utilized by governments and law authorization to keep tabs or gather evidence. Although at the same time, we use technology so often as a society just because with it, things get done faster with less effort. “The ACLU Works to expand the right to privacy, increase the control individuals have over their personal information and ensure civil liberties are enhanced rather than compromised by technological innovation.”(ACLU) The federal law protecting electronic information was passed in 1986, making it older than the World Wide Web.
Protection for our medical records
Most of us believers that our health and medical information are private and ought to be secured. It's the people's right to know who has all this information. The rights under HIPAA which is The Privacy Rule, a Federal law that gives rights over our medical and health information and sets limits to who can have access to our health information. It applies to everyone, it’s there to protect health information, regardless of whether electronic, written or oral. Examples of what's protected, Information doctors, nurses, and other health care providers put in one’s medical record, Billing information for a clinic, Conversations a doctor has about personal care or treatment with nurses and others regarding the patient. (HHS.org) As for one to make sure all health information is protected, questions must be asked such as, ask to see a copy of health records, have corrections to health information, receive a notice that tells how one's health information may be used and shared.
Enforcing privacy rights.
The federal government protects personal information through a series of laws intact by Congress. The Federal Trade Commission (FTC) is the primary agency enforcing privacy policy and enforcement since the 1970s. There is the Fair Credit Reporting Act: One of the first federal privacy laws. It uses the protection of the law to provide data. The Privacy Act of 1974: Prevents the federal government from making unauthorized disclosure of personal information under its control. Computer Fraud and Abuse Act: A federal anti-hacking statute that prohibits the unauthorized use of protected computers without prior authorization, including smartphones or other devices connected to the internet. Children's Online Privacy Protection Act: COPPA imposes requirements on online services directed at children under 13, as well as those that knowingly collect information from children under the age of 13. These entities must post their privacy policies, have an opt-out option, and provide certain parental controls. Financial Monetization Act: Requires financial institutions to explain their information-sharing practices to their customers and to safeguard sensitive customer information.
Amendments created to protect the people.
The article, FindLaw Team, mentions the amendments that involve the right to privacy. First Amendment: Provides the freedom to choose any kind of religious belief and to keep that choice private. Third Amendment: Protects the zone of privacy of the home. Fourth Amendment: Protects the right of privacy against unreasonable searches and seizures by the government. Fifth Amendment: Provides for the right against self-incrimination, which justifies the protection of private information.
Changes in privacy over time.
The rights of privacy have changed a lot over time, we have less of it. First off, a few years ago, technology was something new to our society and it wasn't as advanced and fast. People have less privacy today because of advanced technology. The word flies a lot faster today, we have all these social media outputs, medical information, etc that can reveal important information about an individual. “to obtain welfare, mortgages, or credit cards, we disclose our names, addresses, social security numbers, employment history, and financial worth. To gain relief, we tell clergy, physicians, and lawyers some of the most intimate details of our lives and we allow or expect surveillance to maintain social order (e.g., we expect cameras in the lobby of a bank to deter robbers” (Evolution of privacy)
Protests to make a change regarding abortion.
January 22, 1973, Roe V. Wade was a landmark decision of the U.S Supreme Court. Addressing the protection of a pregnant women’s liberty which allows her to choose to have an abortion without having to go through excessive government restrictions. Roe stood up for this right because it “violated a woman’s constitutional right of privacy, which is found to be implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment”( Britannica) Through this, the right to privacy was developed.
President Richard Nixon's reelection campaign.
Technological advances and changes in legislative arrangements changed the idea of privacy issues and along these lines the laws during the 1970s and 80s. The Watergate occurrence which is a scandal started promptly of the day of June 17, 1972, when a few burglars were captured in the workplace of the Democratic National Committee, situated in the Watergate complex of structures in Washington, D.C. This was no standard burglary, The prowlers were associated with President Richard Nixon's reelection campaign, and they had been discovered wiretapping telephones and stealing documents played a significant role in informing the degree and content of these laws. In addition to a federal privacy act, Congress passed enactment that illuminated privacy rules overseeing specific areas and established fair information practices.
Privacy Acts.
The Fair Credit Reporting Act of 1970 requires credit-revealing administrations to receive sensible techniques to guarantee the precision of individual data contained in their credit reports, yet doesn't limit the sum or kind of data gathered. The Federal Privacy Act of 1974 attempts to forbid government agencies from uncovering any data they keep about an individual by utilizing the individual's name or some other personally recognizing number or image. The Electronic Communications Privacy Act of 1986 bans listening stealthily on the verbally expressed individual communications yet doesn't make a general right to security in phone or email correspondences.
Our rights will determine our safety, security, and happiness.
Privacy laws are established because we have a right to privacy, to an extent. For many years people have argued over their privacy rights, from online videos to citizens spying on them, even stealing internet. Americans think that they should be completely secluded from others seeing what they’re doing, but in all reality, there’s no stopping others from seeing what’s being done. With more using the flaws within our media and lives, we as a society must come to accept the fact that we’re being watched, wether from our phones, social media or home accessories such as Alexa or Google Home. At this time and age, protecting our privacy isn’t that easy. “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.”(Benjamin Franklin)
Citations
Appiah, Anthony. Cosmopolitanism: Ethics in a World of Strangers. , 2006. Print.
“Universal Declaration of Human Rights.” United Nations, United Nations, https://www.un.org/en/universal-declaration-human-rights/.
Linder, Douglas O. The Right of Privacy: Is It Protected by the Constitution?, http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html.
History.com Editors. “Watergate Scandal.” History.com, A&E Television Networks, 29 Oct. 2009, https://www.history.com/topics/1970s/watergate.
Olr. The Evolution of Privacy: A Look at the Past, Present,and Future, https://www.cga.ct.gov/PS98/rpt\olr\htm/98-R-1455.htm.
“Right to Privacy: Constitutional Rights & Privacy Laws.” LiveScience, Purch, https://www.livescience.com/37398-right-to-privacy.html.
“Students: Your Right to Privacy.” American Civil Liberties Union, https://www.aclu.org/other/students-your-right-privacy.
HeinOnline, https://heinonline.org/HOL/LandingPage?handle=hein.journals/hlr4&div=31&id=&page=.
Brandeis, Louis, and Samuel Warren. "The right to privacy." Harvard law review 4.5 (1890): 193-220.
Thomson, Judith Jarvis. "The right to privacy." Philosophy & Public Affairs (1975): 295-314.
O'Brien, Denis. "The Right of Privacy." Columbia Law Review 2.7 (1902): 437-448
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