Editing Right to privacy (section)

=== United States ===
{{main|Privacy laws of the United States}}
The [[Constitution of the United States]] and [[United States Bill of Rights]] do not explicitly include a right to privacy.<ref name="UMKC">{{Cite web|title=The Right of Privacy The Issue: Does the Constitution protect the right of privacy? If so, what aspects of privacy receive protection?|url=http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html|access-date=29 September 2020|publisher=University of Missouri – Kansas City School of Law}}</ref> Currently no federal law takes a holistic approach to privacy regulation.

In the US, privacy and expectations of privacy have been determined via court cases. Those protections have been established through court decisions provide a reasonable expectations of privacy.

The [[Supreme Court of the United States|Supreme Court]] in ''[[Griswold v. Connecticut]], 381 U.S. 479'' (1965) found that the Constitution guarantees a right to privacy against governmental intrusion via ''[[Penumbra (law)|penumbras]]'' located in the founding text.<ref name="Vil">{{Cite web|author=R.H. Clark|year=1974|title=Constitutional Sources of the Penumbral Right to Privacy|url=https://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=2046&context=vlr|access-date=29 September 2020|publisher=Villanova Law Review|volume=19}}</ref>

In 1890, Warren and Brandeis drafted an article published in the ''[[Harvard Law Review]]'' titled "The Right To Privacy" that is often cited as the first implicit finding of a U.S. stance on the right to privacy.<ref name="Brandeis"/>

Right to privacy has been the justification for decisions involving a wide range of [[civil liberties]] cases, including ''[[Pierce v. Society of Sisters]]'', which invalidated a successful 1922 [[Oregon]] [[Popular initiative|initiative]] requiring compulsory [[State school|public education]]; ''[[Roe v. Wade]]'', which struck down an abortion law from [[Texas]], and thus restricted state powers to enforce laws against abortion; and ''[[Lawrence v. Texas]]'', which struck down a Texas [[sodomy law]], and thus eliminated state powers to enforce laws against [[sodomy]]. ''[[Dobbs v. Jackson Women's Health Organization]]'' later overruled ''Roe v. Wade'', in part due to the [[Supreme Court of the United States|Supreme Court]] finding that the right to privacy was not mentioned in the constitution,<ref>{{Cite news |title=Supreme Court overturns Roe v. Wade, ending right to abortion upheld for decades |language=en |work=NPR.org |url=https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn |access-date=2022-06-25}}</ref> leaving the future validity of these decisions uncertain.<ref>{{Cite web |last=Frias |first=Lauren |title=What is Griswold v. Connecticut? How access to contraception and other privacy rights could be at risk after SCOTUS overturned Roe v. Wade |url=https://www.businessinsider.com/contraception-access-privacy-rights-at-risk-overturned-roe-v-wade-2022-6 |access-date=2022-06-25 |website=Business Insider |language=en-US}}</ref>

Legally, the right of privacy is a basic law<ref>{{Cite web|title=The Legal Right to Privacy {{!}} Stimmel Law|url=https://www.stimmel-law.com/en/articles/legal-right-privacy|access-date=25 June 2021|website=www.stimmel-law.com}}</ref> which includes:

# The right of persons to be free from unwarranted publicity
# Unwarranted appropriation of one's personality
# Publicizing one's private affairs without a legitimate public concern
# Wrongful intrusion into one's private activities

However, outside of recognized private locations, American law, for the most part, grants next to no privacy for those in public areas. In other words, no verbal or written consent is needed to take photos or videos of those in public areas.<ref name="krages_photo_rights">{{cite web |url=http://www.krages.com/ThePhotographersRight.pdf |title=The Photographer's Right |author=Krages II, Bert P |access-date=2009-06-17 |archive-date=2020-12-10 |archive-url=https://web.archive.org/web/20201210233720/http://www.krages.com/ThePhotographersRight.pdf |url-status=live }}</ref> This laxness extends to potentially embarrassing situations such as when actress [[Jennifer Garner]] bent over to retrieve something from her car and revealed her [[thong underwear]] to create a [[whale tail]]. Because the photographer took the photo in a public location, in this case a pumpkin patch, circulating the photo online was a legal act.<ref>{{cite web |url= https://radaronline.com/photos/jennifer-garner-underwear-pumpkin-patch-photos/|title= Jennifer Garner Suffers Another Wardrobe Malfunction At Pumpkin Patch – See The Photos!|publisher=Radar Online |date=2014-10-30 |access-date=2024-10-12 }}</ref>

For the health care sector where medical records are part of an individual's privacy, The Privacy Rule of the Health Insurance Portability and Accountability Act was passed in 1996. This act safeguards medical data of the patient which also includes giving individuals rights over their health information, like getting a copy of their records and seeking correction.<ref>{{Cite web |title=Health Insurance Portability and Accountability Act of 1996 {{!}} CMS |url=https://www.cms.gov/Research-Statistics-Data-and-Systems/Computer-Data-and-Systems/Privacy/Health%20_Insurance_Portability_and_Accountability_Act_of_1996 |access-date=2022-09-21 |website=www.cms.gov}}</ref> Medical anthropologist [[Khiara Bridges]] has argued that the [[Medicare (United States)|US Medicare]] system requires so much personal disclosure from pregnant women that they effectively do not have privacy rights.<ref>{{cite book |last1=Bridges |first1=Khiara M. |title=The poverty of privacy rights |date=2017 |isbn=978-0-8047-9545-6 |location=Stanford, California}}</ref>

==== CCPA ====
In 2018, California set out to create a policy promoting data protection, the first state in the United States to pursue such protection. The resulting effort is the [[California Consumer Privacy Act]] (CCPA), reviewed as a critical juncture where the legal definition of what privacy entails from California lawmakers' perspective. The California Consumer Protection Act is a privacy law protecting the residents of California and their [[Personal identifying information]]. The law enacts regulation over all companies regardless of operational geography protecting the six Intentional Acts included in the law.<ref>{{Cite web |date=2018-10-15 |title=California Consumer Privacy Act (CCPA) |url=https://oag.ca.gov/privacy/ccpa |access-date=2022-09-24 |website=State of California - Department of Justice - Office of the Attorney General |language=en}}</ref>

The intentions included in the Act provide California residents with the right to:

# Know what personal data is being collected about them.
# Know whether their personal data is sold or disclosed and to whom.
# Say no to the sale of personal data.
# Access their personal data.
# Request a business to delete any personal information about a consumer collected from that consumer.
# Not be discriminated against for exercising their privacy rights.