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The early years in the development of privacy rights began with English common law, protecting "only the physical interference of life and property". [5] The Castle doctrine analogizes a person's home to their castle – a site that is private and should not be accessible without permission of the owner.
Historically, state laws on privacy date back before the founding of the United States and most authorities left protection of personal information to the individual. However, after the creation of a national economy as a result of the Civil War, governmental agencies were created to recommend stronger privacy protections.
The privacy laws in the U.S. reflect a complex landscape shaped by sector-specific requirements and state-level variations, illustrating the challenge of protecting privacy in a federated system of government.
The law requires government and private organizations composed of at least 250 employees or those which have access to the personal and identifiable information of at least 1000 people to appoint a Data Protection Officer that would assist in regulating the management of personal information in such entities.
The right of access, also referred to as right to access and (data) subject access, is one of the most fundamental rights in data protection laws around the world. For instance, the United States, Singapore, Brazil, and countries in Europe have all developed laws that regulate access to personal data as privacy protection.
To protect the privacy and liberty rights of individuals, federal agencies must state "the authority (whether granted by statute, or by Executive order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary" when requesting information.
The First Amendment states the government cannot violate the individual's right to " freedom of speech, or of the press". [3] In the past, this amendment primarily served as a legal justification for infringement on an individual's right to privacy; as a result, the government was unable to clearly outline a protective scope of the right to speech versus the right to privacy.
All fifty U.S. states and the District of Columbia also have freedom of information laws that govern the public's access to government records at state and local levels. [9] These laws go by many different names including Sunshine Laws, Public Records Laws, Open Records Laws, etc. Additionally, Open Meeting Laws govern the public's access to ...
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