The growth of Privacy Rights is the theme identified in this discussion in relation to the constitution of the United States. Its essence emanates from the right to privacy and protects individuals against unreasonable invasion of their private space and personal matters. As far as the aspect of growth of Privacy Rights is concerned, the discussion, in this case, involves exploration of the necessary background information associated with it. Additionally, the discussion focuses on the manner in which various amendments regarding Privacy Rights have ended up influencing and shaping the American society. This law is so critical to the extent that it informs the manner in which federal officials in the United States are expected to handle personal details and information. “Federal officials handling personal information are bound by the Privacy Act not to disclose any personal information and to take certain precautions to keep personal information confidential” (US Department of Justice, 2015, p.1)
A series of amendments in respect of the growth of privacy rights in the United States Constitution came about as a way of responding to the excessive invasions of privacy that was being exercised by the British leadership in colonial America. In constitutional law, privacy rights are expected to govern the right and freedom enjoyed by people when making when arriving at personal decisions on their own intimate issues. Moreover, it guarantees the people in the American society to lead their lives and affairs in such a manner that involves reasonable seclusion from undue scrutiny by the public. Under statutory law, members of the American society have a right to be protected from unwarranted electronic surveillance as well as drug testing ( Moore, 2010).
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The introduction of the law relating to privacy rights has led to a significant transformation on the lives of the people in America with regard to the manner in which they relate to each other. In this regard, the intention of these laws is to address issues emanating various legal concepts such as invasion of privacy, which are the outcome of various amendments. Such amendments include the first amendment, which talks about the right of the members of the American public to engage in free assembly, and the fourth amendment, which comprises the right to be protected from unwarranted seizure or search. The other one is the fourteenth amendment, which guarantees that individuals ought to be subjected to a due process that is fair and just. “The Privacy Act prohibits more than dissemination of records themselves, but also ‘nonconsensual disclosure of any information that has been retrieved from a protected record.” (Bartel v. FAA, 725 F.2d at1408)
According to Vile and Hudson (2013), the fourth amendment of the United States Constitution has contributed significantly to the growth of the law regarding privacy rights. In this case, people living in the society have entitlements that enable them to live comfortably with the understanding that their houses and other properties are securer from any unreasonable intrusion by any unauthorized party. However, this aspect of the law and constitution of the United States also gives a provision for authorized invasion of the privacy of an individual whenever there are circumstances that call for such actions. In the event of a reasonable cause that requires a search to be conducted in a way that may lead to the invasion of an individual’s privacy, an affirmation or an oath should be produced to support the search. In this case, the supporting affirmation or oath is expected to contain specific details such as a particular description of the exact places that require searching as well as the things or persons that require seizing among others.
The observations made by Jones (2011), indicate that the first amendment with regard to the law of the right to privacy has considerably influenced the broadening of the entitlements enjoyed by members of the society in America. Additionally, the Supreme Court of the United States was able show its acknowledgment and recognition to the fourteenth amendment as one with the ability to present members of the public in the American society with a due process that substantively relates to the right to privacy. Furthermore, the fourteenth amendment received recognition from several other Supreme Court judges in the decision made in the case of Connecticut v. Griswold where there was protection of the right to contraception by individuals in a marriage. Similarly, the amendment received recognition in the case of Texas v. Lawrence, which involved the invocation of the right to privacy of sexual practices.
Notably, there have been arguments and views against the positive impact created by the growth of privacy rights as enshrined in the constitution of the United States. The argument by critics goes against the supposed achievement by the pricy right by indicating that individuals with ill motives have used it as a cover-up. In this regard, the perspective being advanced is that privacy rights and entitlements should not be regarded or treated as absolute. As such, there ought to be a balance being introduced between privacy and several other considerations. In some cases, the interests that are often being advanced and protected by the law of privacy rights naturally appears to be in conflict with certain concerns that are genuine. For instance, there are certain privacy protection rights that exaggerate and lower the scales of the essence of privacy (Moore, 2010).
Furthermore, some critics of the gains made by the growth of privacy rights in the American constitution argue that privacy is often marred with constant inconsistencies that encourage acts of incivility at times. To some of these critics of privacy, this aspect of the law advanced through privacy rights is an opposition to obnoxious conducts, which ends up encouraging incivility. They also argue that there is no need to have any other additional with the intention of protecting the right to privacy of people in the society. This is because there are several other laws in place that are effective enough to address the concerns relating to privacy of individuals. For example, there are some industries operating within the United States like credit reporting that have always taken advantage of the law of privacy rights to condone illegitimate practices that put them in unfair competition with smaller organizations when it comes to making profit ( Jones, 2011).
In summing up, the growth of privacy right as one of the key elements in the constitution of the United States has played a significant role in influencing the behavior and way of life for people in the American society. Moreover, the various amendments that have affected this law of privacy rights have significantly assisted in shaping the society and its members in a positive manner by building up their confidence in one way or the other. With regard to the future of the law of privacy rights and its growth, I believe that the country is headed in the right direction and that is an important ingredient in a civilized society. “No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains” ( US Department of Justice, 2015, p.1)
References
Jones, M. (2011). The First Amendment: Freedom of speech, the press, and religion . New York: Rosen Central.
Moore, A. D. (2010). Privacy rights: Moral and legal foundations . University Park, Pa: Pennsylvania State University Press.
US Department of Justice (2015). Overview of The Privacy Act of 1974 . Retrieved from https://www.justice.gov/opcl/conditions-disclosure-third-parties
United States. (2012). Overview of the Privacy Act of 1974 . Washington, D.C.: U.S. Dept. of Justice, Office of Privacy and Civil Liberties. (Bartel v. FAA, 725 F.2d at1408) Retrieved from https://www.justice.gov/opcl/conditions-disclosure-third-parties
Vile, J. R., & Hudson, D. L. (2013). Encyclopedia of the Fourth Amendment . Thousand Oaks, Calif: CQ Press.
