The Constitution

While the U.S. Constitution does not explicitly use the word "privacy," several of its provisions protect different aspects of this fundamental right. The strongest protections arise from the Fourth Amendment, which safeguards individuals in their persons, homes, papers, and effects, from unreasonable searches and seizures. The Fourth Amendment limits government intrusion into people's private lives. The Supreme Court's interpretations of the Fourth Amendment, however, contain weaknesses that are particularly troubling in the network environment of the Internet.

Other privacy protections arise from:

• the First Amendment's freedom of expression and association clause, which protects information about those with whom we associate (e.g., political groups and social organizations), and offers protections for the materials that we create, read, view, etc., in the privacy of our homes;
• the Fifth Amendment's privilege against self-incrimination, which protects the autonomy of our bodies, thoughts and beliefs;
• the Ninth Amendment, in which the Supreme Court has found protections for the privacy of our family and reproductive life; and
• the Fourteenth Amendment, which the Supreme Court has also cited as the source of some limits on state government intrusions in the freedom and privacy of intimate decisions that affect our sexual, family and reproductive lives.

In 1977, at the beginning of the computer revolution, the federal government developed a set of Principles of Fair Information Practices that have been agreed upon by governments, privacy experts and industry groups. The Principles are intended to foster individuals' control over their personal information, limit data collection, and place responsibilities on data collectors. These Principles are the basis for current data protection and online privacy views, laws and policies.

CDT'S Guide To Fair Information Practices .

Chapter Three: Existing Privacy Protections and Initiatives