US Constitution and Privacy

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Time
7 hours 2 minutes
Difficulty
Intermediate
CEU/CPE
7
Video Transcription
00:01
Hey, it's chris
00:03
um cyberrays instructor for its US information privacy course
00:07
and I want to welcome you back to our discussion on information privacy as it applies to the United States,
00:13
both the public sector and the private sector.
00:17
You know, I was amazed when I looked at the constitution
00:21
and I looked at the role of information privacy within it
00:25
that we found that the word privacy isn't explicitly mentioned
00:31
and U. S. Constitution,
00:34
but that didn't mean that our founding fathers and later administrations didn't realize and recognize importance
00:43
of privacy. As we saw societal change and technological advance
00:48
advances that required greater privacy protections for american citizens.
00:56
We have several learning objectives. We're gonna look at the U. S. Constitution
01:00
and privacy and we're gonna look at constitutional amendments and privacy
01:07
like I said, you know, you can't find the word
01:11
privacy explicitly written in the constitution,
01:15
But that doesn't mean that over time as we move beyond the original 1st 10 amendments of the constitution, the bill of rights. That because of those societal changes that we saw here in the United States and technological advances that we didn't require greater protections under the constitution.
01:34
We do know it's part of the 1st 10 amendments. We have the third amendment that said that you can't quarter and play soldiers into private homes of citizens here in the United States,
01:47
the Fourth Amendment, which is extremely important. And we're going to talk about that later that we've seen as we've seen technological advances in the United States that says that, you know, we have protections from unreasonable searches and seizures
02:00
and that it provides us with protectors under the law. That requires when appropriate
02:06
for law enforcement officials and others to have warrants before they access the personal information, private information of american citizens.
02:16
We have the 5th amendment that protects us from self incrimination.
02:22
You know, often times the 9th amendment is overlooked.
02:25
But it's extremely important because what it says is it says that the enumeration in the constitution of certain rights should not be construed to deny or disparage others retained by the people
02:37
In Layman terms. What that means is that just because we didn't capture all of those privacy protections in those within those 1st 10 amendments? It doesn't mean that, you know, later, as we saw again, societal change or technological advances
02:52
that we wouldn't need additional amendments to provide additional privacy protections to us. Here in the United States.
03:00
We have the 14th amendment that states that we have a right to due process here in the United States, which is extremely important.
03:12
As always, we're gonna have a series of questions.
03:15
Question one asked the question how many times is the word privacy explicitly mentioned in the United States Constitution?
03:25
The appropriate answer would be a
03:29
yeah.
03:31
So in summary, you know, here in the United States, the founding fathers wrote the constitution. We had the 1st 10 amendments, the bill of rights that provided us with some privacy protections.
03:45
We looked at the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Ninth Amendment and the 14th Amendment,
03:52
but we knew know that as we move beyond those amendments, we saw great societal changes over this over centuries here in the United States that required the passage and adoption of additional
04:06
amendments to provide and protect american citizens from privacy, invasions of privacy, harm,
04:13
no other person of the self and our personal lives and their privacy private lines.
04:19
You know, I encourage you to um look to the Constitution, Look to these amendments themselves
04:27
to provide us with these privacy protections. Also encourage you to look at the state level because again, many of the states have gone well beyond
04:35
the U. S. Constitution to provide additional privacy protections that are actually written into the law. Like California's Constitution, it does explicitly address privacy for California residents.
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