US Constitution and Privacy

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Time
7 hours 2 minutes
Difficulty
Intermediate
CEU/CPE
7
Video Transcription
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>> Hey, it's Chris.
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I am Cybrary's instructor for
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it's US information privacy course.
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I want to welcome you back to our discussion on
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information privacy as it applies to the United States,
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both the public sector and the private sector.
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I was amazed when I looked at
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the constitution and I looked
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at the role of information privacy within it.
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We found that the word privacy isn't
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explicitly mentioned in the US Constitution.
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But that didn't mean that our founding fathers and
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later administrations didn't realize
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and recognize the importance of privacy,
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as we saw societal change and technological advances
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that required greater privacy protections
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for American citizens.
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We have several learning objectives.
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We're going to look at the US Constitution and privacy,
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and we're going to look at
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constitutional amendments and privacy.
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Like I said, you can't find
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the word privacy explicitly
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>> written in the Constitution.
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>> But that doesn't mean that over time,
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as we move beyond
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the original first 10 amendments
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of the Constitution, the Bill of Rights,
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that because of those societal changes
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that we saw here in the United States and
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technological advances that we didn't require
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greater protections under the Constitution.
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We do know as part of the first 10 amendments,
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we had a Third Amendment that said that,
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"You can't quarter in place soldiers into
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private homes of citizens here in the United States."
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The Fourth Amendment, which it's extremely important.
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We're going to talk about that later that as we've
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seen technological advances in
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the United States that says that,
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"We have protection from
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unreasonable searches and seizures."
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That it provides us with protected under the law
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that requires, when appropriate,
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for law enforcement officials and others to have
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words before they access the personal information,
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private information of American citizens.
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We have the Fifth Amendment that protects
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us from self incrimination.
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Oftentimes, the Ninth Amendment is overlooked,
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but is extremely important because what it says is,
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it says that the enumeration in the Constitution,
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certain rights shall not be construed to
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deny or disparage others retained by the people.
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Alarming terms, what that means is
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that just because we didn't
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capture all of those privacy protections
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in those within those first 10 amendments,
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it doesn't mean that later as we saw again,
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societal change or technological advances,
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that we wouldn't need additional amendments to
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provide additional privacy protections
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to us here in the United States.
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We have the Fourteenth Amendment that stay set.
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We have a right to due process
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>> here in the United States,
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>> which is extremely important.
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As always, we're going to have a series of questions.
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Question 1 asks the question,
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how many times is the word "privacy"
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explicitly mentioned in the United States Constitution?
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The appropriate answer would be A.
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In summary, here in the United States,
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the founding fathers wrote the Constitution.
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We had the first 10 amendments, the Bill of Rights,
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that provided us with some privacy protections.
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We looked at the Third Amendment, the Fourth Amendment,
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the Fifth Amendment, the Ninth Amendment,
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and the Fourteenth Amendment.
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But we didn't know that as
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we move beyond those amendments,
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we saw great societal changes
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over centuries here in the United States that required
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the passage and adoption of additional amendments
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to provide and protect American citizens
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from privacy invasions of privacy harm.
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No out the person of the self in
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our personal lives and their private lives.
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I encourage you to look to the Constitution,
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look to these amendments themselves.
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They provide us with those privacy protections.
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I also encourage you to look at
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the state level because again,
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many of the states have gone well
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beyond the US Constitution to
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provide additional privacy protections that are
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actually written into the law
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like California's constitution,
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it does explicitly address
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privacy for California residents.
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