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U.S. Privacy Laws

Updated Jan 30, 2024 ·

Fourth Amendment​

The Fourth Amendment to the United States Constitution protects the right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Key aspects include:

  • Protection Against Unlawful Searches

    • Secures persons, homes, papers, and effects
    • Applies to electronic data and communications
    • Prevents arbitrary government intrusion

  • Requirement for Warrants

    • Must be based on probable cause
    • Required for searching devices or accessing private data
    • Limits law enforcement discretion

  • Impact on Digital Privacy

    • Protects cloud-stored data and emails
    • Influences court rulings on digital rights
    • Shapes discussions on online surveillance

Federal Privacy Act of 1974​

A U.S. federal law designed to protect personal information held by government agencies.

  • Individuals can access and request corrections to their records
  • Ensures transparency and privacy protections for U.S. citizens
  • Regulated by the U.S. Department of Justice and other federal agencies

Records must ultimately be destroyed when they are no longer needed for a legitimate government function.

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The Privacy Act of 1974 applies only to federal government agencies and does not cover private companies or organizations.

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ECPA of 1986​

A Electronic Communications Privacy Act of 1986 strengthens privacy protections for electronic communications and complements other information security laws.

  • Prohibits the invasion of electronic privacy of an individual
  • Expanded Federal Wiretap Act, which covered communications via physical wire
  • Makes it illegal to monitor mobile phone conversations

For more information, please see ECPA of 1986.

CALEA of 1994​

The Communications Assistance for Law Enforcement Act (CALEA) of 1994 requires telecom providers to support lawful electronic surveillance.

  • Allows authorized law enforcement interception
  • Requires built-in surveillance capability in networks
  • Balances user privacy with legal access

Economic Espionage Act of 1996​

A federal law that protects businesses from theft of trade secrets and intellectual property.

  • Criminalizes theft or misappropriation of trade secrets
  • Protects against economic espionage and IP theft
  • Covers both domestic and foreign trade secret violations

This act strengthens legal protections for businesses and intellectual property in the U.S.

Defend Trade Secrets Act of 2016​

An extension of the Economic Espionage Act, it strengthens federal protections for trade secrets.

  • Allows civil lawsuits for trade secret theft
  • Provides stronger remedies for misappropriation
  • Establishes uniform federal standards for trade secret protection

This act gives companies clearer legal tools to defend and enforce their trade secrets across the U.S.

HIPAA of 1996​

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 protects the privacy and security of individuals’ health information.

  • Sets standards for handling and sharing health data
  • Applies to healthcare providers, insurers, and related entities
  • Violations can lead to fines or criminal charges

HIPAA includes the Privacy Rule for patient rights and Security Rule for data protection safeguards.

HITECH Act of 2009​

The Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 strengthened HIPAA and promoted the adoption of electronic health records. It was fully implemented through the HIPAA Omnibus Rule in 2013.

  • Encourages widespread use of electronic health records (EHRs)
  • Increases penalties for HIPAA violations
  • Expands patient rights and breach notification requirements

HITECH also introduced the HITECH Breach Notification Rule:

  • Individuals, HHS, and the media must be notified of breaches
  • Applies if a breach affects more than 500 individuals
  • Notification must occur without unreasonable delay, no later than 60 days

COPPA of 1998​

The Children's Online Privacy Protection Act (COPPA), enacted in 1998 and revised in 2013, protects the online privacy of children under 13 in the U.S.

  • Requires parental consent before collecting a child’s personal data
  • Gives parents control over what’s collected and shared
  • Enforced by the Federal Trade Commission (FTC)

GLBA of 1999​

The Gramm-Leach-Bliley Act (GLBA) protects personal financial information held by financial institutions, including banks, securities firms, insurance companies, and other financial service providers in the US.

  • Requires transparency on how customer data is shared
  • A designated person must oversee information security
  • Defines and protects nonpublic personal information of consumers
  • Regulated by Federal Trade Commission (FTC) to enforce adherence

USA Patriot At of 2001​

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 was enacted in response to the September 11 attacks.

  • Expands law enforcement powers to detect and prevent terrorism
  • Enhances surveillance of electronic communications and financial transactions
  • Facilitates information sharing between government agencies

Important notes:

  • Blanket Authorization

    • Allows monitoring of a person’s communications under broad authority
    • Simplifies approval for law enforcement surveillance requests

  • ISPs and Voluntary Assistance

    • Internet Service Providers can voluntarily assist in surveillance
    • Enables faster collection of digital evidence

  • Amended CFAA

    • Imposes more severe penalties for computer crimes
    • Expands scope to cover terrorism-related cyber offenses

CLOUD Act of 2018​

The Clarifying Lawful Overseas Use of Data (CLOUD) Act establishes procedures for U.S. law enforcement to access data stored overseas by service providers.

  • Allows U.S. authorities to request data from providers, regardless of where it is stored
  • US-based service providers must comply with lawful data requests via warrant or subpoena
  • US-based companies must comply with lawful orders for data disclosuse by foreign governments

FERPA of 1974​

The Family Educational Rights and Privacy Act (FERPA) is a federal law designed to protect the privacy of student education records in U.S. schools that receive federal funds.

  • Parents and students have rights to inspect any educational record
  • Parents and students can request corrections of records
  • Schools cannot share student information without consent
  • Regulated and enforced by the U.S. Department of Education

ITADA and ITPEA​

In 1998, the Identity Theft and Assumption Deterrence Act (ITADA) was enacted to make identity theft a federal crime.

This was later strengthened by the Identity Theft Penalty Enhancement Act (ITPEA) of 2004, increasing penalties for offenders.

  • Criminalizes identity theft against individuals and financial institutions
  • Increases penalties for repeat or aggravated offenses

State Privacy Laws​

In addition to federal privacy laws, organizations must comply with state-level regulations.

The California Consumer Privacy Act (CCPA) grants California residents rights over their personal data, including access, deletion, and opting out of data sales.

  • Right to access and know what data is collected
  • Right to request deletion of personal data
  • Right to opt out of the sale of personal data
  • Requires businesses to provide transparency and notice of data practices