Privacy, Right of, is the right claimed by individuals to control the disclosure of personal information about themselves. It also covers people’s freedom to make their own decisions about their personal lives, despite government attempts to regulate behavior. International law and the laws of most nations recognize the right of privacy. The Universal Declaration of Human Rights states that “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence.” The declaration was adopted by the United Nations General Assembly in 1948.
The Constitution of the United States does not specifically grant a right of privacy. But courts have interpreted certain amendments as protecting privacy in many areas. The First Amendment has been used to protect the right of individuals to associate with other people and groups without government intrusion. The Fourth Amendment protects individuals against unreasonable searches and seizures by government officials. The Fifth Amendment upholds the right to refuse to testify against oneself in a criminal case. The Supreme Court of the United States has ruled that the Fourteenth Amendment protects privacy in certain matters. These matters relate to marriage, reproduction, health care, family relationships, and child rearing and education. State constitutions and laws also protect many of the same areas of personal privacy.
A branch of civil law called tort law further protects privacy in the United States. Under tort law, one person can sue another for violation of privacy in any of four categories. These categories are revealing private facts that are not newsworthy; portraying a person in a false light; using a person’s image or personal facts for profit without the person’s permission; and intruding into a person’s private physical space. United States law also holds that most private conversations with lawyers, spouses, clergy, and doctors are privileged and confidential.
Such organizations as government agencies, financial institutions, and health care providers may seek to collect information on individuals. They may use the information to investigate or prevent crime or to manage vast service programs. They may also use it to determine whether a person is eligible for or interested in certain types of services. But since the 1970’s, many countries have passed laws that restrict disclosure of personal information. They also give individuals the right to challenge the accuracy of information about themselves. In the United States, the Privacy Act of 1974 limits access to personal information contained in the federal government’s records. Other laws protect the privacy of banking transactions, credit reports, motor vehicle records, and school records.
Since the late 1900’s, the increased use of computer systems and electronic communications has raised new issues involving privacy. Computer technology has made it easier for organizations to collect information about individuals, often without their knowledge or consent. Personal information, as well as e-mail and digital photographs of individuals, can be circulated worldwide on the Internet. Many countries have passed data protection laws to address privacy concerns relating to computers and the electronic storage of information. In the United Kingdom, for instance, the Data Protection Act 1998 outlines a number of requirements for organizations that hold and process personal data.
In 2014, the Court of Justice of the European Union ruled that the American online search company Google Inc. must respect the rights of ordinary citizens to be forgotten on the Internet. The court ruled that people have the right to request that sensitive information be removed from Internet search engines if it is “inadequate, irrelevant or no longer relevant, or excessive.” In 2016, the European Union Parliament passed the General Data Protection Regulation to protect EU citizens’ data privacy. The regulation, which took effect in 2018, includes citizens’ “right to be forgotten,” or personal “data erasure,” under certain conditions.
Although privacy rights are widely respected, they are not absolute. Laws and policies in various nations often limit personal privacy in the interest of national security, law enforcement, public health, and news reporting. Most countries permit a number of activities that might be considered violations of privacy. Such activities include searches at airport security checkpoints and the distribution of addresses and phone numbers for marketing purposes. In addition, many countries allow law enforcement officials to intercept telephone calls and eavesdrop on private conversations. Usually such officials must obtain a court order or other form of approval.
