The Intersection of Technology and Privacy Laws in Surveillance Cases

In today’s advanced times, it is quite difficult to unravel our lives with the technology that is so deeply intertwined with them. With our phones, computers, and other devices constantly collecting our information and, in some cases, sharing it, the need for privacy laws that protect our personal data is critical. Every time we go online, whether to shop or to post a message on social media, our activity is tracked and leaves behind data. That data trail includes our personal contact information and even sensitive data like our medical records.

As a result, privacy laws are essential to protect our confidential information. Privacy laws can dictate how data is collected, stored, and used. They can also place the duty of safeguarding data directly on the shoulders of businesses and other organizations. However, privacy and civil liberties are both essential foundations of American culture that appear to be chronically under threat. When surveillance is used in investigations, there can be major legal implications. This is because the U.S. Constitution is meant to safeguard individual rights. 

The First Amendment of the U.S. Constitution says that Congress should make no laws that restrict freedoms related to expression, religion, assembly, and the right to petition. Then the Fourth Amendment of the U.S. Constitution protects against unreasonable search and seizures. Finally, the Fifth Amendment of the U.S. Constitution protects against self-incrimination and the taking of property for public use without compensation.

In the United States, data protection laws are diverse as each state can make its own rules and regulations. In California, for example, there are the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) which allow the public to be informed about what data is being collected and then empowers consumers to have such data deleted at their discretion.

With the passage of the Patriot Act shortly after 9/11 happened, there were changes to laws surrounding legal surveillance. The Patriot Act basically made it much easier for the government to spy on Americans, monitor their communications, and track their activity on the internet. Through the powers of the Patriot Act, it is not only the “terrorists” that have found themselves at the focus of a surveillance probe, but your everyday American has the potential also to be surveilled and turned into a person of interest.

Due to the complexities that come with overlapping data protection laws and what is considered reasonable search and seizure, the ability to operate and speak freely, as well as vital protections against self-incrimination, when faced with challenges regarding safeguarding constitutional rights, it is important to connect with a professional. Individuals trained and experienced in privacy and civil liberties can lend expertise related to areas where legal issues can exist.

Speak with an Attorney at Edelstein Martin & Nelson, LLP

The intersection of technology and privacy laws in surveillance cases is a complex one that is continually evolving. While privacy laws can play a part in safeguarding personal information, interpretations of constitutional rights may counter such protections in some cases.

For more information, you are welcome to call a Pennsylvania personal injury attorney at Edelstein Martin & Nelson, LLP by calling (215) 731-9900 to schedule a free consultation.