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The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. [1] [failed verification] [2] Over 185 national constitutions mention the right to privacy. [3]
The California Constitution articulates privacy as an inalienable right. [35] CA SB 1386 expands on privacy law and guarantees that if a company exposes a Californian's sensitive information this exposure must be reported to the citizen. This law has inspired many states to come up with similar measures. [36]
The Constitution of the United States serves as one of the most influential founding documents of the United States federal government. The United States Constitution's primary purpose is to frame the structure and function of the three branches of government; however, its amendments are commonly used as evidence for the notion of a legal right to privacy.
Those protections have been established through court decisions provide a reasonable expectations of privacy. The Supreme Court in Griswold v. Connecticut, 381 U.S. 479 (1965) found that the Constitution guarantees a right to privacy against governmental intrusion via penumbras located in the founding text. [12]
The reasonable expectation of privacy has been extended to include the totality of a person's movements captured by tracking their cellphone. [24] Generally, a person loses the expectation of privacy when they disclose information to a third party, [25] including circumstances involving telecommunications. [26]
The amendment guarantees an individual's right to express and to be exposed to a wide range of opinions and views. It was intended to ensure a free exchange of ideas, even unpopular ones. It also guarantees an individual's right to physically gather or associate with others in groups for economic, political or religious purposes.
Justice Douglas argued that the Court could infer a right to privacy by looking at "zones of privacy" protected by First, Third, Fourth, Fifth, and Ninth Amendments: Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen.
The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. [17] By ensuring that all states must have the same basic republican philosophy, the Guarantee Clause is one of several portions of the Constitution which mandates symmetric federalism between the states.