Books about Privacy and the Law
Privacy Law in a Nutshell, 2d by Call Number: KF1262 .S665 2014 - Law Library 2nd FloorPublication Date: 2014The Privacy Nutshell briefly reviews the historical roots of privacy, and then examines each of these U.S. privacy statutes and regulations. Virtually all governments and businesses face privacy considerations as technology continues to evolve. Legal issues related to privacy are exploding on the U.S. legal scene. The EU has a long history of a strong regulatory privacy regime. The U. S., however, follows a sectoral approach to privacy, whereby Congress responds to each privacy "crisis" with a new statute and set of regulations. This sectoral approach has resulted in a unique series of privacy rules for different areas of society. The Privacy Nutshell is an excellent introductory guide to the legal privacy world.
Privacy in the Age of Big Data by Digital data collection and surveillance gets more pervasive and invasive by the day; but the best ways to protect yourself and your data are all steps you can take yourself. Privacy is complex and personal. Many of us do not know the full extent to which data is collected, stored, aggregated, and used. Privacy in the Age of Big Data highlights the many positive outcomes of digital surveillance and data collection while also outlining those forms of data collection to which we may not consent, and of which we are likely unaware.
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 Practice 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.
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.