Privacy Rights/Limitations - Restrictions/Government curtailment
Is this right often curtailed by government authorities for reasons other than those which are generally viewed as permissible?
While the Fourth Amendment of the United States Constitution is in place to protect people’s privacy, a fact continuously recognized by the Supreme Court, it continues to leave people vulnerable to the decisions of authorities due to a lack of clarity and accountability provided by the courts (Enforcing the Fourth Amendment, n.d.). The Fourth Amendment is explicit in that it prevents unreasonable search and seizure (Enforcing the Fourth Amendment, n.d.). However, it is hard to determine what is reasonable and the Supreme Court has claimed that the reasonableness of a search is situationally dependent (Enforcing the Fourth Amendment, n.d.; US GPO, 1992, 1202) . Various rules and exceptions to the right to privacy have been established.
Under the Exclusionary Rule, lots of searches are carried out which are later found to be unconstitutional by a court, at which point there is little that can be done to rectify the violation of privacy rights (Enforcing the Fourth Amendment, n.d.). These instances are not permissible exceptions, but rather instances in which it becomes clear after the fact that privacy was violated (Enforcing the Fourth Amendment, n.d.). Beyond the Exclusionary Rule, the Fourth Amendment has been interpreted in ways that cause the government’s regulatory interests to be placed over an individual’s interests (US GPO, 1992, 1204) . These interpretations have created exceptions, creating situationally specific instances in which privacy is not necessarily protected. For instance, during the execution of a search warrant, if it does not include a search clause for those occupying the location, they may not be searched, but they can be detained (US GPO, 1992, 1227) . For whatever reason, the courts have viewed detainment as less intrusive than a search, so it has become allowed, though it has been debated if it is a reasonable and permissible exception without a warrant (US GPO, 1992, 1227) . This debate starts with the Court’s opinions in Terry v. Ohio (1968) and United States v. Mendenhall(1980) that state seizure is either restraining liberty or the belief that one is not at liberty to leave (US GPO, 1992, 1231) . The Terry decision was important in other ways as well, creating another standard for search and seizure without a warrant and probable cause - authorities may stop and frisk individuals if there is reasonable suspicion of criminal activity (US GPO, 1992, 1230) . Recently, this standard has been applied less restrictively and more often, creating some tension between the right to privacy and public safety (GPO, 1992, 1231) .
Exceptions don’t just result from court rulings. The USA PATRIOT Act of 2001 permitted information sharing between law enforcement agencies without notice, leading many to believe more privacy violations were occurring (Highlights of the USA PATRIOT Act, n.d.). However, some scholars argue while privacy is more elusive under the presence of this law, privacy is not hindered as most of us remain unconcerned about the information that may or may not be collected about us resulting in little or no behavioral change (Rubel, 2007, 148-149). At the same time, however, “lack of privacy bears upon how we act,” as does the knowledge that others may have access to our information, so the right becomes less protected under the PATRIOT Act (Rubel, 2007, 142, 153).
References:
Enforcing the Fourth Amendment: Exclusionary Rule. (n.d.). Cornell Law School Legal Information Institute. Retrieved Oct. 9, 2021, from https://www.law.cornell.edu/constitution-conan/amendment-4/enforcing-the-fourth-amendment-the-exclusionary-rule
Highlights of the USA PATRIOT Act. (n.d.) Department of Justice. Retrieved Sept. 14, 2021, from https://www.justice.gov/archive/ll/highlights.htm
Rubel, A. (2007, Mar.). Privacy and the USA Patriot Act: Rights, the value of rights, and autonomy. Law and Philosophy 26(2), 119-159. https://doi.org/10.1007/ s10982-005-5970-x
US Government Publishing Office (US GPO). (1992, June 29). Fourth Amendment: Search and Seizure (S. Doc. 103-6). https://www.govinfo.gov/app/details/GPO-CONAN-1992/ GPO-CONAN-1992- 10-5/summary Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, H.R. 3162, 107th Cong. (2001) . https://www.congress.gov/bill/107th-congress/house-bill/3162