WEEK 6 Flashcards
(43 cards)
is the right to privacy absolute
no
What are examples of rights that can clash with the right to privacy?
Freedom of speech and freedom of the press
What is the “public vs. private sphere” distinction in privacy law?
In the public sphere, government may interfere to protect public interests; in the private sphere, issues often relate to employment or consumer data.
What is a key issue with consumer data and privacy?
Consumers are often unaware of WHO is processing their data and HOW it’s being used.
Can revealing sensitive information be a privacy violation even if it’s legally protected under free speech?
Yes, such as when news agencies or individuals on social media share sensitive personal info.
How is the U.S. approach to privacy law characterized?
It is FRAGMENTED (no single or comprehensive law that applies to all kinds od data) and SECTOR-BASED, with no broad constitutional right to privacy.
What are the primary sources of privacy protection in the U.S.?
Tort law, federal statutes, and some constitutional provisions.
Tort law
federal statutes
constitutional provisions
Tort law: protects citizens against direct and obvious violations of privacy
federal statutes: deal with more specific matters or topics of privacy
constitutional provisions: regulated public legal relations and some legal concepts but also used in private relations in the sphere of tort law
Does the U.S. Constitution explicitly guarantee a general right to privacy?
No, but certain amendments (wijzigingen in de GW) imply privacy protections.
What does “reasonable expectation of privacy” mean?
It means a person expects something to be private, and society agrees that expectation is reasonable.
What are the two parts of the “reasonable expectation of privacy” test?
Subjective – the person actually expects privacy.
Objective – society would view that expectation as reasonable.
What is an example of a situation without a reasonable expectation of privacy?
Saying or doing something in a public square where others can see or hear you.
Why is the “reasonable expectation of privacy” test important?
It helps courts decide whether the government violated a person’s privacy rights.
Do federal privacy laws in the U.S. form a single comprehensive system?
No, they are sector-specific and fragmented.
What does the Privacy Act of 1974 regulate?
It limits the U.S. government’s collection and use of personal data
What does FERPA (Family Educational Rights and Privacy Act) protect?
The privacy of student education records.
What is the purpose of the Driver’s Privacy Protection Act?
To protect personal data in motor vehicle records.
What is the key characteristic of federal privacy regulation in the U.S.?
It is sector-based, with different rules for different types of data.
What types of online data are covered by internet privacy laws?
Communications (like emails), financial data, and medical records.
What legal principle do courts use for online privacy cases?
The Fourth Amendment and the reasonable expectation of privacy test.
Is metadata like IP addresses or websites visited protected?
No, because it is shared with third parties (e.g., ISPs), so it loses privacy protection.
What does U.S. tort law provide in terms of privacy?
Legal remedies for invasion of privacy in private law, divided into four categories
What is intrusion upon seclusion?
Unauthorized intrusion into someone’s private affairs.
What is appropriation in tort law?
Using a person’s name or image without consent for commercial purposes.
