Your Privacy's Basis in Law

Privacy is a huge issue among the citizens of the U.S and there is a lot of controversy around it at this point. Some of this controversy is due to what is found in the latest of privacy laws (or a law revoking a great deal of privacy under select circumstances), the Patriot Act. Other laws protecting privacy are: (in no particular order)

-The Communications Act (1934) : Makes wire-tapping by government agencies illegal.
-COPA : A safeguard law for the privacy of a minor's personal information.
- Freedom of Information Act (1996) : Allows public access of government records.
-Electronic Communications Privacy Act (1986) : Sets provisions for the access, disclosure, use, privacy, and interception of electronic communications.
-Privacy Act (1974) : Prohibits agencies and companies from disclosing information without written consent from the person with whom the disclosure is concerned.
-Communications Assistance for Law Enforcement Act (1994) : Makes clear the duty of telecommunications companies the duty to assist law enforcement officials in the interception of communications or surveillance of communications. Requires that law enforcement officials obtain a court order in order to make use of this act.

EU Versus U.S Policy on Privacy

The EU has very strict policies regarding privacy, which include strict government regulations against offenders and preventing offences. The EU also set up a body to regulate their policy. Under EU law, a group of commissioners is responsible for the oversight of the policy. Additionally, countries without private policies are unable to obtain information from the EU in order to maintain the integrity of their system and the privacy of the information involved. This provision to EU law also requires that countries with different privacy codes adhere to EU standards when dealing with information obtained from the EU.

The U.S abides by separate privacy laws (those discussed in the previous privacy conference) and charges several agencies in the oversight of them. This method of regulation is commonly referred to as "self regulation" and takes a more lenient stand on privacy. The Department of Commerce, the Better Buisiness Bureau, and TRUSTe are all companies involved in the aforementioned oversight of privacy in the U.S.

As I believe many people would answer, I believe the EU's policy on privacy is much better than that of the U.S. A victim of invasion of privacy would more easily be able to settle the matter in the EU due to their on commission policy of regulation. Additionally, there are more provisions set to protect privacy than in the U.S, where privacy protection laws are often confusing and subject to interpretation of those individuals involved.

The Fourth Amendment and Privacy

"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." -Fourth Amendment of the Constitution of the United States

The fourth amendment of the constitution deals with privacy stating that:
-all searches and seizures be reasonable and judicially warranted.
-arrests must be made only with probable cause.

The fourth amendment deals only with government actions and does not provide for the private industry.