Answer To: This is a paper based upon the Hot Topic issuePrivacy Rights in the USA for a Hot Topic issue....
Ayan answered on Mar 03 2023
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WRITTEN ASSIGNMENT
Abstract
Privacy rights have been a hot topic issue in the USA for quite some time now. With the advancement of technology and the internet, the need for privacy has become increasingly important. This paper aims to provide an explanation of the privacy rights issue in the USA and present a position on the topic using five different ethical perspectives. The themes of virtue-based, rights and justice, theory of care, postmodern perspective, and non-western view will be used to present a comprehensive analysis of the issue. The theme of rights and justice provides the most useful framework for resolving the issue of privacy rights in the USA. The concept of human rights is deeply embedded in American culture and political institutions, and protecting privacy rights requires balancing individual privacy with the needs of society as a whole. By establishing clear legal standards and protections, we can ensure that privacy rights are protected in a way that is consistent with our core values as a democratic society. The conclusion will identify the ethical perspective that is best suited to resolve this issue.
Table of contents
Abstract 2
Introduction 5
Background 6
Historical context of privacy rights in the USA 7
Current legal framework for privacy rights in the USA 8
Issue 9
Data Collection and Usage 10
National Security and Surveillance 10
Technological Advancements 11
COVID-19 Pandemic 11
Virtue-Based Perspective 12
Rights and Justice Perspective 12
Theory of Care Perspective 13
Postmodern Perspective 14
Non-Western View Perspective 15
The impact of technology on privacy rights 16
Future directions for research and policy on privacy rights 17
Conclusion 18
References 21
Introduction
Privacy rights are a vital aspect of human rights and have been a hot topic issue in the USA and around the world for several years. The right to privacy is fundamental to the protection of human dignity, and it serves as the foundation upon which many other human rights are built. The right to privacy also intersects with several other human rights, such as freedom of expression, the right to seek, receive and impart information, and freedom of association and assembly. In recent years, the topic of privacy rights has gained more attention due to the rise of technology and social media. With the increasing use of digital devices and the internet, the amount of personal data that people share online has grown significantly. This has led to concerns about how this personal data is being collected, stored, and used by companies and governments.
The USA has several constitutional privacy rights, including the Fourth Amendment, which protects against unreasonable searches and seizures, and the First Amendment, which protects freedom of speech and expression. However, many people find it difficult to understand the privacy laws and their implications fully. Therefore, there is a need to educate people on privacy laws and use easy-to-understand language to help them protect their privacy. This paper will provide an in-depth analysis of the hot topic issue of privacy rights in the USA from various ethical perspectives. The paper will examine the issue of privacy rights and explore how different ethical perspectives view this issue. The five ethical perspectives that will be used to analyze the issue are virtue-based, rights and justice, theory of care, postmodern perspective, and non-western view. The paper will begin with an overview of the hot topic issue of privacy rights in the USA and provide some background information on the issue. It will also discuss why this is an important issue and what has led to its prominence in recent years. The paper will then proceed to examine the issue from each ethical perspective, presenting evidence and supportive information to support the author's position. Finally, the paper will conclude by identifying the ethical perspective that is best suited for resolving the issue.
Background
Privacy rights have been a topic of debate and discussion in the USA and around the world for several years. In recent times, the issue of privacy has gained more attention due to the increasing use of technology and social media (United States Department of Justice, 2021). With the widespread use of digital devices and the internet, the amount of personal data that people share online has increased significantly, raising concerns about how this data is being collected, stored, and used. The issue of privacy is particularly important in the USA because of its constitution, which includes several amendments that imply constitutional privacy rights. For example, the Fourth Amendment protects against unreasonable searches and seizures, while the First Amendment protects freedom of speech and expression. However, despite these constitutional protections, many people find it difficult to understand the privacy laws and their implications fully.
The issue of privacy rights has become more complex in recent years due to the growth of big data and artificial intelligence. Companies and governments are collecting vast amounts of personal data, which they use to improve their products and services or for surveillance purposes. This has led to concerns about how this data is being used, who has access to it, and whether it is being used in ways that violate people's privacy rights. Another important aspect of the privacy debate is the tension between national security and individual privacy (United States Government Accountability Office, 2020). In the aftermath of the 9/11 attacks, the USA enacted several laws aimed at increasing national security, such as the Patriot Act, which gives the government broad surveillance powers. These laws have been criticized by some for violating people's privacy rights, while others argue that they are necessary to protect national security.
Moreover, privacy rights have been impacted by the ongoing COVID-19 pandemic. Governments around the world have implemented various measures aimed at containing the spread of the virus, such as contact tracing and vaccine passports. These measures have raised concerns about the extent of government surveillance and potential violations of privacy rights. In summary, the issue of privacy rights in the USA is complex and multifaceted, with many different factors impacting the debate. The increasing use of technology, the tension between national security and individual privacy, and the COVID-19 pandemic have all contributed to making privacy rights a hot topic issue.
Historical context of privacy rights in the USA
The concept of privacy has been a part of American culture since the country's founding, and it has evolved over time as technology and social norms have changed (World Privacy Forum, 2020). Although the Fourth Amendment shields people against arbitrary searches and seizures, the US Constitution does not address privacy specifically. A right to privacy has been construed by the courts to be included by this amendment, particularly in situations where there is government monitoring and law enforcement involvement. A group of legal experts claimed in an essay titled "The Right to Privacy" published in the Harvard Law Review in the 1890s that people had a basic right to govern their personal information and to be free from unwelcome interference into their private life. This paper had a significant impact on the development of American privacy legislation and the recognition of the right to privacy as a basic human right. Midway through the 20th century, the emergence of new technology like the telephone and television prompted fresh inquiries over privacy. The US Supreme Court made a number of significant rulings in the 1960s that broadened the definition of privacy rights and included the freedom to use contraception and the right to have an abortion. These rulings created a constitutional right to privacy, which has since been utilised to defend a variety of privacy-related issues.
In the 21st century, the rapid development of digital technologies has created new challenges for privacy rights (Zarsky, 2020). The rise of social media, data collection and analysis, and surveillance technologies has made it easier than ever for individuals and organizations to access personal information. Concerns concerning governmental monitoring, data breaches, and the degradation of personal privacy rights in the digital era have arisen as a result of this. Individual privacy and the demands of society as a whole have generally been at odds throughout the history of privacy rights in the USA. It will be crucial for lawmakers and individuals to continue debating these problems and finding solutions to guarantee private rights while also advancing the public good as technology develops and privacy issues grow more complicated.
Current legal framework for privacy rights in the USA
The current legal framework for privacy rights in the USA is a patchwork of federal and state laws, as well as judicial decisions that interpret the constitutional right to privacy. Some of the key laws and regulations that govern privacy in the USA include:
· The US Constitution's Fourth Amendment safeguards people from arbitrary searches and seizures, including those of their homes, people, and property (Zuboff, 2019). A right to privacy has been understood by the courts to be covered by the amendment, particularly in situations where there is government monitoring and law enforcement involvement.
· 1974 Privacy Act: The collection, use, and disclosure of personal data by government agencies is governed by the Privacy Act of 1974, a federal statute. The law grants people the right to view and update their personal data that the government has on file.
· Health Insurance Portability and Accountability Act (HIPAA): HIPAA is a federal legislation that controls how healthcare providers, health plans, and other organisations use and disclose protected health information (PHI). The legislation grants people the right to access and manage their personal health information and establishes requirements for the privacy and security of PHI.
· The Electronic Communications Privacy Act (ECPA), a federal law, governs the interception of electronic communications, such as emails and text messages (Federal...