Initial Post By Wednesday’s end, read and independently research an Article, Amendment, or Section of the U.S. Constitution of your choice. Consider how, as the supreme law of the land, it may have in
Oliver Nicholas
Privacy and the Legal System
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The issue of privacy as one of the key rights of American citizens can be regarded as an essential aspect of the current legal system. However, surprisingly, the issue of privacy is not addressed directly in the U.S. Constitution (Carpenter, 2020). Instead, the notion of privacy is discussed broadly in the 4th Amendment, which guarantees the right to personal privacy against searches without a warrant (Pittman, 2018). Although, by extension, the specified legal standard could be seen as the legal protection of one’s right to the privacy and security of personal information, the Constitution does not seem to contain any direct references to it, which complicates the protection of personal privacy of citizens rather complicated.
The fact that the right to privacy of personal data is only referred to in the 54th Amendment can be seen as a rather controversial and contentious issue. Thus, it requires further discussions as the likely cause of numerous concerns in the present-day legal setting. While privacy-related regulations are quite numerous, there is the need for a homogenous standard for protecting people’s personal data and ensuring the safety of their personal information. Arguably, one could claim that the Fifth Amendment, which provides the right to be protected against an instance of self-incrimination, could be regarded as the regulation that guarantees the right to personal privacy. However, the specified regulation is also related quite vaguely to the notion under analysis. At the same time, writing the right to privacy of personal data into the law as an unequivocal statement could generate obstacles for obtaining evidence to be used in court. Therefore, the issue at hand is quite nuanced; thus, to be addressed as a major legal issue, it will need a comprehensive review.
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Samhita Jude Jangam
Discussion 7
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What inspired The Children’s Online Privacy Protection Act?
The need to enhance business operations and stay ahead of the competition prompted organizations to embrace electronic commerce in the 1990s. The rise of eCommerce was accompanied by concerns over the collection, storage, and transmission of customer personal information by organizations. Among the key concerns was how personal data belonging to children under the age of 13 was handled by organizations (Malkin, 2001). KidCom Website was among the websites that handled minors’ data by then. KidCom was accused of mishandling users’ personal information and Education Media moved a petition that the organization is investigated by Federal Trade Commission (FTC). The investigation proved that KidCom violated Section 5 of the FTC Act hence a legal action was taken against KidCom. The petition against kidCom redirected attention to the need to involve parents when offering online services to minors. The risks associated with children's information privacy and parents’ consent become a critical aspect in eCommerce.
This led to the establishment of the Children’s Online Privacy Protection Act (COPPA) that was meant to protect the privacy of children when accessing online services. COPPA was issued in the year 2000 and has become effective since then. In 2011, the Act was revised to redefine the scope data collection. Data retention and deletion provisions were added o the Act. The Act now required entities to retain personal information until the intended purpose is achieved after which the entities should delete the data from their databases. The amendment also incorporated provisions for sharing personal information with third-party service providers. The third-party entities are required to have an effective data protection infrastructure and procedures. The entities covered by COPPA include commercial online service providers handling minors' data who are below 13 years of age.
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