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Privacy : Privacy and the Law

Books about Privacy and the Law

The U.S. Bill of Rights

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Bill of Rights: A Transcription. (n.d.). Retrieved August 11, 2014, from http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

Federal Laws

Federal law preempts state laws. In other words, if a federal law regulates a particular subject  matter, then it will govern rather than state law.

Chmara, T. (2009). Privacy and confidentiality issues: A guide for libraries and their lawyers. Chicago: American Library Association.

Federal Trade Commission - Fair Information Pratice Principles

The principles are targeted at any entity that collects PII. They are (1) Notice, (2) Choice, (3) Access, (4) Security, and (5) Enforcement.

Federal Trade Commission | Protecting America's Consumers. (n.d.). Retrieved July 21, 2014, from http://www.ftc.gov/

Computing and Law: Privacy and Big Data

Gaff, B. M., Sussman, H., & Geetter, J. (2014). Privacy and Big Data. Computer, 47(6), 7-9. doi:10.1109/MC.2014.161

Your Privacy Protection Under the Law

Federal law preempts state laws. In other words, if a federal law regulates a particular subject  matter, then it will govern rather than state law.

 Consumer Privacy Guide

1. Privacy Act of 1974

2. Right to Financial Privacy Act (1978)

3. Video Privacy Protection Act of 1988

4. Health Insurance Portability and Accountability Act of 1996 (HIPPA)

5. Wireless Communication and Public Safety Act (1999)


Your Privacy Protection Under the Law. (n.d.). Retrieved August 1, 2014, from http://www.consumerprivacyguide.org/law

Court Cases

Whalen v. Roe, 429 U.S. 589 (1977) was the first case in which the Court squarely faced the question of whether the constitutional right to privacy encompasses the collection, storage, and dissemination of information in government databases.

Katz v. United States , 389 U.S. 347 (1967) underlies most modern constitutional privacy jurisprudence. Famous term "reasonable expectation of privacy" was coined during this case.

Soma, J. T., Rynerson, S. D., & Kitaev, E. (2014). Privacy law in a nutshell.