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Although a right to privacy is not explicitly mentioned in the Constitution, the Supreme Court has established that it is inherently protected by the Constitution. Explain the numerous ways that the Lacks family’s right to privacy was violated. Discuss the importance of the right to privacy. How has this right evolved over the course of American history? How is it being challenged by emergent technologies? How have groups of people such as African Americans, women, children, and most recently, immigrants, fought for legislation protecting their right to privacy? Cite specific court cases and/or current events. The right to privacy is something that all Americans have and it is used as defense when people’s privacy is intruded upon. Some corporations have found tricky ways to breach people’s rights to privacy like through social networks, e-mail, sign-up forms for gyms or bank accounts, and more. The right to privacy is a serious matter, it involves all personal information about a person and they have the right to share their information or keep it to themselves. If someone’s right to privacy is breached, they can bring that breach to court as a lawsuit. Henrietta Lacks’s right to privacy was breached when her cells were taken, Facebook breached user privacy rights by …show more content…
If the party breaching someone’s right to privacy is found out, they can face charges and legal penalties for doing so. A breach of privacy is a big deal, and people should take it more seriously because it can affect their futures and their social standing. The doctors who took Henrietta Lacks’s cells without permission were wrong, but since the Lacks family did not know about it, nor did Henrietta, the doctors were able to use the cells without any hassle. Privacy rights are broken through tricky and sly methods, and it happens every day to many people. It may be unjust, and inexcusable, but it still happens to this
What is privacy? Well, it’s the state or condition of being free from being observed or disturbed by other people. In terms of information, it is the right to have some control over how one’s own personal information is collected and used. This is a right that has been inherently protected by the U.S Constitution, agreed upon by the Supreme Court, and yet, issues around this very topic arise every day. In The Immortal Life of Henrietta Lacks, the author Rebecca Skloot, addresses this issue in her story of the women behind the infamous HeLa cells. Her story shows that although privacy is a right that is inherently protected by the law, situations of injustice can still occur. Examples of this in the book include when Henrietta’s cells were given to Dr. Gey without any consent from Day, the situation in which Mr. Golde’s spleen was sold without his permission, as well as when the Lacks family were recontacted and mislead about the reasons they were tested years after Henrietta’s death.
The Right of Privacy: Is it Protected by the Constitution? Retrieved April 20, 2014, from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html Patterson, T. E. (2012). Ch. 3 Federalism: Forging a Nation. We the people (Tenth ed.).
The case that I decided to write about is one of the most controversial cases that have ever happened in the United States. The Roe v. Wade (1973) case decided that a woman with her doctor could choose to have an abortion during the early months of that pregnancy. However, if the woman chose to wait until the later months of the pregnancy then they would have certain restrictions based on their right to privacy. This case invalidated all state laws which limited women’s access to abortions during their first trimester of their pregnancy which was based on the Ninth Amendment of the Constitution. The Amendment states that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” (Cornell University Law School, 2013).
Many Americans feel the right to privacy is within the Constitution that the founding fathers wrote. This has not always been the case. Many scholars have claimed that the authors of Constitution protected the right to privacy within the Bill of Rights. The Supreme Court initially acknowledged protection under the Fourteenth Amendment due process clause for personal privacy and freedom from government intrusions into marriage, reproduction, and child rearing in the 1920’s, during the Lochner era (Obrien 2011). They then went on to explore the idea further.
The personal connection Americans have with their phones, tablets, and computers; and the rising popularity of online shopping and social websites due to the massive influence the social media has on Americans, it is clear why this generation is called the Information Age, also known as Digital Age. With the Internet being a huge part of our lives, more and more personal data is being made available, because of our ever-increasing dependence and use of the Internet on our phones, tablets, and computers. Some corporations such as Google, Amazon, and Facebook; governments, and other third parties have been tracking our internet use and acquiring data in order to provide personalized services and advertisements for consumers. Many American such as Nicholas Carr who wrote the article “Tracking Is an Assault on Liberty, With Real Dangers,” Anil Dagar who wrote the article “Internet, Economy and Privacy,” and Grace Nasri who wrote the article “Why Consumers are Increasingly Willing to Trade Data for Personalization,” believe that the continuing loss of personal privacy may lead us as a society to devalue the concept of privacy and see privacy as outdated and unimportant. Privacy is dead and corporations, governments, and third parties murdered it for their personal gain not for the interest of the public as they claim. There are more disadvantages than advantages on letting corporations, governments, and third parties track and acquire data to personalized services and advertisements for us.
Privacy (Pri-va-cy) n.1.the state or condition of being free from being observed or disturbed by other people. Americans fear that technological progress will destroy the concept of privy. The first known use of wiretap was in 1948. It’s no secret that the government watches individuals on a daily bases. According to the constitution, the Fourth Amendment serves to protect the people from unreasonable searches and seizures by the government. Unreasonable is the word that tips the balance On one side is the intrusion on individuals’ Fourth Amendment rights and the other side is legitimate government interests, such as public safety. What we consider reasonable by law, the government might not think so. The word ‘privacy’ seems to be non-existent today in the 21st century; the use and advances of technology have deprived us of our privacy and given the government the authority to wiretap and or intervene in our lives. Our natural rights we’ve strived for since the foundation of this nation are being slashed down left to right when we let the government do as they wish. The government should not be given the authority to intervene without a reasonable cause and or consent of the individual
The U.S. constitution contains no expression of valued rights in considering privacy. Therefore, the Supreme Court has adopted a rather narrow interpretation of the Fourteenth Amendment specifically in regards to the term liberty, as established in the due process clause . Earlier Supreme Court decisions were not concerned with how states constituted their residents. Thus, any state, at this time, was at the liberty to deprive its residents of their first amendment, freedom of speech, religion, and press. However, this is much leniency and room for interpretation in the Due Process Clause, because it may be stretched to constitute not only at federal level but the state level. Reinterpretation under the 14th amendment bonded the first ten Bill of Rights within state governments to protect the citizens’ liberty. State governments are then prohibited from denying persons within their jurisdictions the Privileges and Immunities of a United State citizen, and guarantees that all natural born citizens have Due Process and Equal Protection of their rights, this binding, in turn, created the incorporation doctrine . Thus, the due process clause does not govern how a state sets the rules for specific disciplinary procedures. For example, in the Bill of Rights it specifies that if a citizen were accused of a crime, then that citizen would have the right to defense from a lawyer. But, suppose the state, or federal, government did not privilege that citizen to a lawyer. Then, that government would have violated this citizen the right to due process that is assured in the constitution.
Every citizen has a fundamental right to privacy. No citizen should have the government looking at his or her information without his or her permission. The amendments in the constitution should be enough to protect citizen’s privacy. The government should not have the right to collect people’s personal information.
The word “privacy” did not grow up with us throughout history, as it was already a cultural concept by our founding fathers. This term was later solidified in the nineteenth century, when the term “privacy” became a legal lexicon as Louis Brandeis (1890), former Supreme Court justice, wrote in a law review article, that, “privacy was the right to be let alone.” As previously mentioned in the introduction, the Supreme Court is the final authority on all issues between Privacy and Security. We started with the concept of our fore fathers that privacy was an agreed upon concept that became written into our legal vernacular. It is being proven that government access to individual information can intimidate the privacy that is at the very center of the association between the government and the population. The moral in...
The fight for privacy rights are by no means a recent conflict. In fact, there was conflict even back in the days before the revolutionary war. One of the most well-known cases took place in England, ...
As said by Eric Hughes, "Privacy is the power to selectively reveal oneself to the world. " 2 As written by Supreme Court Justice Louis Brandeis in 1928, the right most valued by the American people was "the right to be left alone". " 3 Previously it took a lot of equipment to monitor a person's actions, but now with technology's development and advancement all it requires is a computer. And there are many mediums which can be monitored, such as telephones, email, voice mail, and computers.4 People's rights are protected by many laws, but in private businesses there are few laws protecting an individual's rights.
The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that are created by the need for defense and security.
Privacy is a right granted to all American citizens in the Fourth Amendment which states “people have the right to be secure in their persons, houses, papers, and lives against unreasonable search and seizures”. Although our founding fathers could have never predicted the technological advancements we have achieved today, it would be logical to assume that a person's internet and phone data would be considered their effects. This would then make actions such as secretive government surveillance illegal because the surveillance is done so without probable cause and would be considered unreasonable search or seizure. Therefore, access to a citizen’s private information should only be provided using probable cause with the knowledge and consent of those who are being investigated.
Perhaps the founder of Facebook, Mark Zuckerberg, said it best when he claimed that privacy is no longer a “social norm.” Virtually everyone has a smart phone and everyone has social media. We continue to disclose private information willingly and the private information we’re not disclosing willingly is being extracted from our accounts anyway. Technology certainly makes these things possible. However, there is an urgent need to make laws and regulations to protect against the stuff we’re not personally disclosing. It’s unsettling to think we are living in 1984 in the 21st century.
Historical/practical rights are one of the biggest issues and it all started back in colonial America. In colonial America, privacy was constrained. Colonial homes were often crowded, affording little privacy. There have been many events about privacy since 1639. In 1787, the U.S. Constitution was written declaring it does not contain an express right of privacy, in Article 1, Section 2, Paragraph 3, the Constitution mandates that a census be conducted every ten years. Critics of the census regard it as a threat to privacy (Right of Privacy Time).