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The Effect of Technological Advances on Privacy Rights

4/9/2015

 
 Is privacy dead? With today's frequent advances in technology, commentators on television and radio often opine on the "death of privacy". Their reasoning is usually something to the effect that, because so much technology that enables individuals, organizations, and the government to spy on us is readily available, privacy is dead, or at least dying. Spy satellites, drones, thermal imaging cameras, listening devices, spy cameras, GPS in our cell phones, NSA spy programs, etc. all signal the end of privacy. 

THE RIGHT TO PRIVACY:

I won't endeavor to define privacy here; I think we all have the same general understanding of what privacy is, what it means. But, what is the right to privacy? Most people who read this article probably don't realize that the right to privacy does not appear anywhere in the Constitution, including the Bill of Rights. Nor does the right to privacy appear in the Declaration of Independence. Or at least, these words do not appear in the founding documents. So, where do we get this right to privacy as it is recognized today? 

The right to privacy, at least the term, is a creation of U.S. Supreme Court case law. That is to say it was first given legal recognition by the judicial branch through its interpretation of the Constitution and its meaning along with the intent of the founding fathers. Although the specific word "privacy" and the phrase "right to privacy" do not appear in the founding documents, it is argued that the idea is there; the right exists, and it was understood by the framers that the right exists. 

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    NOT LEGAL ADVICE. 


    Nothing on this website is legal advice. The information on this site is general in nature and might not apply to your individual situation.

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