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Introduced in the Senate as S. 3418 by Samuel Ervin Jr. (D–NC) on May 1, 1974; Committee consideration by Senate Homeland Security and Governmental Affairs; Passed the Senate on November 21, 1974 ()
The right to privacy is a fundamental human right firmly grounded in international law. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR); while the right to privacy does not appear in the document, Article 12 mentions privacy:
These include the Fourth Amendment right to be free of unwarranted search or seizure, the First Amendment right to free assembly, and the Fourteenth Amendment due process right, recognized by the Supreme Court of the United States as protecting a general right to privacy within family, marriage, motherhood, procreation, and child rearing.
[11] Some decades later, in a highly cited article of his own, Melville B. Nimmer described Warren and Brandeis' essay as "perhaps the most famous and certainly the most influential law review article ever written", attributing the recognition of the common law right of privacy by some 15 state courts in the United States directly to "The Right ...
[16] [17] Civil privacy expects against: (1) intrusion upon seclusion or solitude, or into private affairs; (2) public disclosure of embarrassing private facts; (3) publicity which places a person in a false light in the public eye; and (4) appropriation of name or likeness.
APRA would almost completely flatten the landscape by preempting all state privacy laws, except in specific legal domains including civil rights, consumer protection, and contracting.
The Act prescribes statutory damages of $100 per violation, and a number of different violations can be aggregated in a class action. [ 3 ] Under the RFPA, the FBI could obtain records with a national security letter (NSL) only if the FBI could first demonstrate the person was a foreign power or an agent of a foreign power.
Financial privacy laws regulate the manner in which financial institutions handle the nonpublic financial information of consumers. In the United States, financial privacy is regulated through laws enacted at the federal and state level.