We’ve discussed how the states have passed privacy laws to protect their residents. We have also referenced the state and federal rules or regulations that are designed to promote transparency, security, accuracy, proper data collection, and accountability.
The Federal Constitution has not expressly mentioned the right to privacy. However, under Article I Section 1, the California Constitution has mentioned the “inalienable right to privacy” that is applicable to the government and private individuals. The courts have confirmed this fundamental right. In White v. Davis (1975) 13 Cal.3d 757, 774, the Supreme Court analyzed the facts and confirmed the right of privacy. In Hill v. National Collegiate Athletic Association (1994) 7 Cal.4th 1, 39, the Supreme Court outlined the following framework to decide whether there is a constitutional violation: (1) there must be a legally protected privacy interest; (2) there must a reasonable expectation of privacy; and (3) there must be a serious invasion of privacy interest.
There is also a common law right of privacy. First, there is intrusion into plaintiff’s seclusion. Second, false light as a result of false and negative publicity. Third, public disclosure of private facts. Fourth, there is the commercial appropriation of plaintiff’s name or likeness without consent. The courts have also recognized negligence as a cause of action when the defendant fails or refuses to manage data in a reasonable manner. In other words, the defendant can be sued for failing to comply with the industry data management standards if it causes damages to the plaintiff.