WK3 Discussion Privacy: What is privacy? What are some distinctions between privacy and privacy laws?
WK3 Discussion Privacy
Respond to the following in a minimum of 175 words:
What is privacy?
- What are some distinctions between privacy and privacy laws?
- How should they be upheld by the criminal justice system?
- How can you improve the expectation of privacy? Explain.
Discussion Privacy Laws
Privacy is defined as freedom from intrusion by the public or any form of interference. Privacy is a fundamental right and the basis for Human Rights laws. Privacy enables us to establish boundaries that protect us from unnecessary interference and gives individuals an interaction choice. Privacy is a crucial way to protect society against arbitrary power use and violation of fundamental privacy rights.
Privacy involves freedom from public interference and any form of intrusion. It is the basis upon which privacy laws are formulated. On the other hand, privacy laws are principles of common law and statutes that protect individuals’ privacy. For instance, the Fourth Amendment to the Constitution provides for the rights of an individual against violation of their privacy (Green, 2020). The enforcement of privacy is done by the individual who ensures that their boundaries are established and protected against intrusion, whereas the government enforces privacy laws. The judicial system ensures that a person who suffers an infringement of the privacy laws receives remedy under the law.
The criminal justice system should uphold privacy through the basis of the impact of such privacy on an individual. The effect includes mainly security risks and personal data (Murphy, 2013). The Constitution provisions dictate how privacy laws are enforced. Judicial officers rely on the Constitutional provisions in deciding cases involving violations of privacy laws.
Improving the expectation of privacy can involve managing the use of technology. Using technology effectively addresses the various concerns about cyber-crimes. Controlling technology and its use helps ensure that less information about an individual is shared on the internet, therefore protecting their privacy. Law enforcement should be mandated to protect privacy rights through following due process. The police should seek court warrants before gaining access to private premises to protect privacy rights and avoid violating the Constitutional provisions.
Green, A. (2020). Complete Guide to Privacy Laws in the US | Varonis. Inside Out Security. Retrieved 1 October 2020, from https://www.varonis.com/blog/us-privacy-laws/.
Murphy, E. (2013). The Politics of Privacy in the Criminal Justice System: Information Disclosure, the Fourth Amendment, and Statutory Law Enforcement Exemptions. Michigan Law Review, 111(4). Retrieved 1 October 2020, from https://repository.law.umich.edu/mlr/vol111/iss4/1/.