The issue of privacy as one of the key rights of American citizens can be regarded as an essential aspect of the current legal system. However, surprisingly, the issue of privacy is not addressed directly in the U.S. Constitution (Carpenter, 2020). Instead, the notion of privacy is discussed broadly in the 4th Amendment, which guarantees the right to personal privacy against searches without a warrant (Pittman, 2018). Although, by extension, the specified legal standard could be seen as the legal protection of one’s right to the privacy and security of personal information, the Constitution does not seem to contain any direct references to it, which complicates the protection of personal privacy of citizens rather complicated.
The fact that the right to privacy of personal data is only referred to in the 54th Amendment can be seen as a rather controversial and contentious issue. Thus, it requires further discussions as the likely cause of numerous concerns in the present-day legal setting. While privacy-related regulations are quite numerous, there is the need for a homogenous standard for protecting people’s personal data and ensuring the safety of their personal information. Arguably, one could claim that the Fifth Amendment, which provides the right to be protected against an instance of self-incrimination, could be regarded as the regulation that guarantees the right to personal privacy. However, the specified regulation is also related quite vaguely to the notion under analysis. At the same time, writing the right to privacy of personal data into the law as an unequivocal statement could generate obstacles for obtaining evidence to be used in court. Therefore, the issue at hand is quite nuanced; thus, to be addressed as a major legal issue, it will need a comprehensive review.
References
Carpenter, C. (2020). Privacy and proportionality: Examining mass electronic surveillance under Article 8 and the Fourth Amendment. International and Comparative Law Review, 20(1), 27-57. Web.
Pittman, L. J. (2018). The elusive constitutional right to informational privacy. Nevada Law Journal, 19, 135.