privacy and civil rights
AshKai@23
w4_Chapter041.pptx
Chapter 4
Legislated Privacy Concerns
1
Where is the Constitutional Right?
Founding fathers did not openly recognize privacy as a right
Our definitions of “privacy” go beyond the scope of the Fourth Amendment
Numerous laws have been passed to provide these rights
The Flavors of Privacy
“General” privacy legislation
Financial privacy legislation
Health care privacy legislation
Education privacy legislation
General Privacy Legislation
The Privacy Act of 1974
Covers how the government collects, maintains, and distributes information about individuals
Provides a mechanism for citizens to find out what is on file about them
Provides a mechanism for errors in reporting to be corrected
General Privacy Legislation (cont.)
The Electronic Communications Privacy Act of 1986
Prevents the government from intercepting communications without a warrant
Covers devices such as keyloggers and wiretaps
Financial Privacy Legislation
The Fair Credit Reporting Act Of 1970
Right to Financial Privacy Act
The Gramm-Leach-Bliley Act Of 1999
Fair Debt Collection Practices Act of 2006
Health Care and Education Legislation Privacy
The Health Insurance Portability and Accountability Act of 1996
The Family Educational Rights and Privacy Act of 2008
Privileged Information
Attorney/Client Privilege
Physician Patient Privilege
Work Product Doctrine
Protected Intellectual Property
Taint Teams
Independent team of investigators with no bets on the table
Not particularly popular in all jurisdictions
