1. The word privacy
does not appear anywhere in the U.S. Constitution. However, a right
of privacy has been inferred from the First Amendment, the Third Amendment and
the Fourth Amendment.
2. The right of privacy has been defined in many different ways and is flexible and is not absolute. A right of privacy may be legally recognized under constitutional law, statutory enactment and common law.
3. The legal touchstone of a right of privacy is whether there is a "reasonable expectation of privacy." To be recognized the person claiming the right of privacy must exhibit a subjective expectation of privacy and that expectation must be deemed reasonable by society. This test, formulated in the 1967 U.S. Supreme Court decision of U.S. v. Katz, was in the context of a Fourth Amendment decision, but has been recognized and applied in many other contexts, both civil and criminal.
4. Context often determines whether a right of privacy is legally recognized and has been invaded. The context may include, among other things, the location of the alleged invasion, the nature of the information or interest at issue and the manner of the invasion. Technology is having a profound impact
5. The four common law privacy torts include intrusion upon seclusion, casting someone in a false light, misappropriation of name or likeness and disclosure of private facts. The common law privacy torts are state based claims and not all four torts are recognized in every state. Utah recognizes all four torts.
2. The right of privacy has been defined in many different ways and is flexible and is not absolute. A right of privacy may be legally recognized under constitutional law, statutory enactment and common law.
3. The legal touchstone of a right of privacy is whether there is a "reasonable expectation of privacy." To be recognized the person claiming the right of privacy must exhibit a subjective expectation of privacy and that expectation must be deemed reasonable by society. This test, formulated in the 1967 U.S. Supreme Court decision of U.S. v. Katz, was in the context of a Fourth Amendment decision, but has been recognized and applied in many other contexts, both civil and criminal.
4. Context often determines whether a right of privacy is legally recognized and has been invaded. The context may include, among other things, the location of the alleged invasion, the nature of the information or interest at issue and the manner of the invasion. Technology is having a profound impact
5. The four common law privacy torts include intrusion upon seclusion, casting someone in a false light, misappropriation of name or likeness and disclosure of private facts. The common law privacy torts are state based claims and not all four torts are recognized in every state. Utah recognizes all four torts.
One thing I learned this week in addition to the ones posted was the concept of the "right to be forgotten," something I had not heard of prior to this class. I thought it was an interesting concept and one that has the potential to address some privacy concerns arising from the internet.
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