Privacy

Privacy is the ability of an entity to exclude itself from being identified.

The Fourth Amendment to the United States Constitution first addressed the right to privacy and established that searches and seizures must meet the reasonableness requirement. Since then, other laws have been enacted that further address privacy considerations, to include:

  • Privacy Act of 1974, a US law that governs the disposition of personally identifiable information (PII) in federal government systems;
  • Foreign Intelligence Surveillance Act (FISA), which was first signed into law in 1978, with a focus on creating congressional and judicial oversight of US government surveillance activities;
  • Electronic Communications Privacy Act of 1986 (ECPA), which authorized electronic data transmissions by computer to be subject to collection by authorized agents of the US government;
  • Health Insurance Portability and Accountability Act of 1996 (HIPAA), which contains a privacy rule that regulates the use and disclosure of protected health information (PHI), which is any information that concerns the health status, provision of health care, or payment for health care linked to a specific individual. There are reporting requirements and penalties for unauthorized disclosures.

Check Your Knowledge

Choose the best answer to each question:
Question 1
The following act protects the privacy of students and their families.
the Health Information Technology for Economic and Clinical Health or HITECH Act of 1999
the Family Education and Privacy Act (FERPA)
the Fair Credit Reporting Act of 1970
the Gramm-Leach-Bliley Act (GLBA) of 1999
Question 2
Which of the following is/are true of internet privacy and confidentiality?
The internet guarantees the privacy and confidentiality of information through the SSL (Secure Sockets Layer).
There is global consensus among countries on the major tenets of internet privacy.
Encrypted materials can be transferred over the internet without any risk.
Privacy is not guaranteed on the internet.
Question 3
Which of the following is true of the United States' view of privacy?
The framers of the US Constitution explicitly grant privacy to citizens.
The framers of the US Constitution do not explicitly grant privacy to citizens.
The Constitution guarantees the right to freedom, privacy, and the pursuit of happiness.
none of the above
Question 4
Which of the following privacy laws applies to industries and protects all electronic communication from unauthorized government access?
FRCA
ECPA
GLBA
FISA
Question 5
Privacy laws in Europe are best described as which of the following?
Rulings generally skew toward protecting personal information rather than the employer.
Rulings are always in line with US privacy laws.
Monitoring of employees is highly acceptable.
all of the above