Federal Privacy Regulations
Privacy is an increasingly important concern among Americans, especially in the information age, when personal information is more readily accessible. Data from various surveys indicate that Americans are increasingly concerned about privacy and desire more government action to protect privacy. Former Supreme Court Justice Louis Brandeis called privacy a comprehensive right. The federal government has various laws in place to protect personal privacy. Generally, these rules seek to balance privacy with information access needs and interests.
Other People Are Reading
-
Misconceptions
-
Contrary to popular opinion, the U.S. Constitution does not explicitly guarantee a right to privacy. Privacy is, however, implicit in constitutional provisions, such as the Fourth Amendment's protection against unreasonable searches and seizures.
Types
-
Federal privacy laws relate to government records, financial information, children's online information, and personal health or medical data.
-
History
-
Early federal privacy laws include the Privacy Act and the Freedom of Information (FOI) Act, both passed in 1974. The Privacy Act limits public access to government records that include personally identifiable information. FOI requires disclosure of government records, but makes exceptions for private information.
Financial and Medical Information
-
The Gramm-Leach-Bliley Act of 1999 includes provisions designed to protect consumers' information held by financial institutions. A 1996 health insurance act requires insurance plans and healthcare providers to obtain consent before disclosing personally identifiable health information.
Children Online
-
A 1998 law designed to protect children's privacy online includes regulations for website operators to follow before they can collect information from children younger than 13.
Expert Insight
-
Hale and Dorr, a Washington, D.C.-based law firm, described privacy regulation in the United States as being in "a state of confusion."
-
