Privacy Law
A Privacy Law is a body of law that defines privacy rights that can be enforceable by law.
- AKA: Legal Confidentiality.
- Context:
- It can (typically) give individuals the right to control the use and dissemination of information about themselves.
- It can (typically) aim to protect individuals from unauthorized surveillance, data breaches, and other forms of privacy invasion.
- It can (typically) vary significantly from one jurisdiction to another, reflecting differing cultural and societal norms about privacy.
- It can (often) include regulations on collecting, storing, processing, and sharing personal data.
- It can (often) be applied to private and public sectors, setting standards for data protection practices.
- It can range from being a Physical Privacy Law, an Informational Privacy Law, and a Decisional Privacy Law.
- It can be associated with some Right to Privacy Theory.
- ...
- Example(s):
- an Attorney-client Evidentiary Privilege,
- an Electronic Communications Privacy Act (ECPA),
- a General Data Protection Regulation (GDPR),
- a California Consumer Privacy Act (CCPA),
- a Personal Information Protection and Electronic Documents Act (PIPEDA).
- a Social Media Privacy Law.
- a Biometric Privacy Laws.
- a Children's Online Privacy Protection Act (COPPA).
- …
- Counter-Example(s):
- See: Common Law, Expectation of Privacy, Code of Conduct, Medical Confidentiality, Commercial Confidentiality.
References
2021a
- (Wikipedia, 2021) ⇒ https://en.wikipedia.org/wiki/Privacy_law Retrieved:2021-12-4.
- Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, which can be collected by governments, public or private organisations, or other individuals. It also applies in the commercial sector to things like trade secrets and the liability that directors, officers, and employees have when handing sensitive information.
Privacy laws are considered within the context of an individual's privacy rights or within reasonable expectation of privacy. The Universal Declaration of Human Rights states that everyone has the right to privacy. The interpretation of these rights varies by country and are not always universal.
- Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, which can be collected by governments, public or private organisations, or other individuals. It also applies in the commercial sector to things like trade secrets and the liability that directors, officers, and employees have when handing sensitive information.
2021b
- (Wikipedia, 2021) ⇒ https://en.wikipedia.org/wiki/Confidentiality#Legal_confidentiality Retrieved:2021-12-4.
- Lawyers are often required by law to keep confidential anything pertaining to the representation of a client. The duty of confidentiality is much broader than the attorney–client evidentiary privilege, which only covers communications between the attorney and the client. Both the privilege and the duty serve the purpose of encouraging clients to speak frankly about their cases. This way, lawyers can carry out their duty to provide clients with zealous representation. Otherwise, the opposing side may be able to surprise the lawyer in court with something he did not know about his client, which may weaken the client's position. Also, a distrustful client might hide a relevant fact he thinks is incriminating, but that a skilled lawyer could turn to the client's advantage (for example, by raising affirmative defenses like self-defense) However, most jurisdictions have exceptions for situations where the lawyer has reason to believe that the client may kill or seriously injure someone, may cause substantial injury to the financial interest or property of another, or is using (or seeking to use) the lawyer's services to perpetrate a crime or fraud. In such situations the lawyer has the discretion, but not the obligation, to disclose information designed to prevent the planned action. Most states have a version of this discretionary disclosure rule under Rules of Professional Conduct, Rule 1.6 (or its equivalent). A few jurisdictions have made this traditionally discretionary duty mandatory. For example, see the New Jersey and Virginia Rules of Professional Conduct, Rule 1.6.
In some jurisdictions the lawyer must try to convince the client to conform his or her conduct to the boundaries of the law before disclosing any otherwise confidential information.
Note that these exceptions generally do not cover crimes that have already occurred, even in extreme cases where murderers have confessed the location of missing bodies to their lawyers but the police are still looking for those bodies. The U.S. Supreme Court and many state supreme courts have affirmed the right of a lawyer to withhold information in such situations. Otherwise, it would be impossible for any criminal defendant to obtain a zealous defense.
California is famous for having one of the strongest duties of confidentiality in the world; its lawyers must protect client confidences at "every peril to himself [or herself]" under former California Business and Professions Code section 6068(e). Until an amendment in 2004 (which turned subsection (e) into subsection (e)(1) and added subsection (e)(2) to section 6068), California lawyers were not even permitted to disclose that a client was about to commit murder or assault. The Supreme Court of California promptly amended the California Rules of Professional Conduct to conform to the new exception in the revised statute.
Recent legislation in the UK curtails the confidentiality professionals like lawyers and accountants can maintain at the expense of the state. Accountants, for example, are required to disclose to the state any suspicions of fraudulent accounting and, even, the legitimate use of tax saving schemes if those schemes are not already known to the tax authorities.
- Lawyers are often required by law to keep confidential anything pertaining to the representation of a client. The duty of confidentiality is much broader than the attorney–client evidentiary privilege, which only covers communications between the attorney and the client. Both the privilege and the duty serve the purpose of encouraging clients to speak frankly about their cases. This way, lawyers can carry out their duty to provide clients with zealous representation. Otherwise, the opposing side may be able to surprise the lawyer in court with something he did not know about his client, which may weaken the client's position. Also, a distrustful client might hide a relevant fact he thinks is incriminating, but that a skilled lawyer could turn to the client's advantage (for example, by raising affirmative defenses like self-defense) However, most jurisdictions have exceptions for situations where the lawyer has reason to believe that the client may kill or seriously injure someone, may cause substantial injury to the financial interest or property of another, or is using (or seeking to use) the lawyer's services to perpetrate a crime or fraud. In such situations the lawyer has the discretion, but not the obligation, to disclose information designed to prevent the planned action. Most states have a version of this discretionary disclosure rule under Rules of Professional Conduct, Rule 1.6 (or its equivalent). A few jurisdictions have made this traditionally discretionary duty mandatory. For example, see the New Jersey and Virginia Rules of Professional Conduct, Rule 1.6.