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Law Outlines Privacy Law Outlines

Privacy Law Outline

Updated Privacy Law Notes

Privacy Law Outlines

Privacy Law

Approximately 3 pages

This outline comprehensively covers the law of Privacy in the United States. It covers statutes like the Freedom of Information Act, the Fourth Amendment, the Privacy Act, and others.

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The following is a more accessible plain text extract of the PDF sample above, taken from our Privacy Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Privacy Law Outline

Warren & Brandeis, The Right to Privacy, 4 Harv. L. Rev. 193 (1890)

Six exceptions to the right to privacy

  1. Does not prohibit any publication of matter which is of public or general interest

  2. Does not prohibit communication of any matter, though private in nature, when the publication is made under circumstances, which would render it a privileged communication according to the law slander or libel.

  3. Does not grant redress for invasion of privacy by oral publication in the absence of special damages

  4. It ceases upon publication of the facts by the individual or with his consent

  5. The truth of the matter published does not afford a defense

  6. The absence of malice by the publisher is not a defense

Remedies: 1) a tort action; 2) an injunction in a very limited number of a cases

1) notice

2) access

3) limited use/consent

4) security

5) enforcement

Privacy Act: Private information in a system of records, queryiable (name information in a system of records that is retrievable), government cannot disclose your information.

FOIA trumps Privacy Act request: If not an unwarranted invasion of privacy under FOIA

Fair Information Practices

Notice

Consent/Limits on ordinary use

Access/Right to accuracy

Security

Enforcement

FOIA; Privacy; Search & Seizure & Health

Privacy Act: government can’t sell or rent information of its employees

Fourth Amendment Outline

1. State Action?

A. State Actor?

B. Private Party (acting as agent of State)?

2. Is there a Search? Or seizure? Pg. 250

A. Was there consent or other behavior inconsistent with an actual (subjective) expectation of privacy?

B. Is the expectation of privacy one that society is prepared to recognize as (objectively) reasonable [referencing other law or social norms]?

3. Is there standing to challenge the search?

A. Does the person have a possessory interest in the place or thing searched?

B. Does the person have a privacy interest in the electronic information?

4. If a search . . . was it reasonable?

A. If there is a warrant, then search is presumptively reasonable, but the warrant can be challenged if elements of the warrant are missing.

B. Is there a way to challenge evidence showing probable cause? (“Fruit of poisonous...

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