privacy law advocate l.d.a.

 Describes the nine basic freedoms of the citizen as thought, expression, association, assembly, movement, privacy, political participation,  religious and economic activity. This is  an interesting law review which maps  out in detail the development of the definition of freedoms in history primarily in the U.S.  This law review concerns “free exercise” rather than “establishment clause” issues brought about by the question of freedom and it’s roots in the history of man. Check out this law review addressing some of the more profound thoughts on the philosophical aspects of the right to freedoms as a whole. The following link is to a Columbus Law University law review.

http://homepages.law.asu.edu/~jnickel/for.pdf

There is a series of new laws which Governor Schwarzenegger recently signed aimed at increasing protections for crime victims in California. The majority of these bills are specific to sex crime victim issues. Sex crimes are very touchy issues. If however you have been a victim of sexual crime it might be helpful for you to research your rights and responsibilities under the law. The following addresses a series of new laws recently implemented and the changes they have enacted in the laws of California. For further information on the California Sex Crime Law changes and their effects on people of sexual crime check out the following link.

http://gov.ca.gov/index.php?/press-release/7707/

The right to be naked is regulated in every state of the union. Fortunately in the United State out side of specifically being naked there isn’t any legislation of required clothing. Once a person goes to school or starts a job. enters some events or restaurants they often find themselves faced with an administrative dress code enforced through company policy. However, to be walking on the street, driving in a car, sitting on a beach and other public places I have not yet seen specific clothing required by the state onto the citizen. If the laws governing the right to be naked is important to you then  check out the following chart on dress code laws across the nation.

http://www.nudist-resorts.org/statutes.htm

  Recently the The Federal Trade Commission extended it’s current deadline of November 2008 to May 2009 for compliance in it’s new Red Flag Rules. Under the  new Red Flag Rules, a creditor or financial institution covered by the The Fair and Accurate Credit Transactions Act (FACT) must examine their company’s security policies and look for  what is known as Red Flags. Red Flags are defined as a pattern, practice or activity that could indicate identity theft.  After an evaluation of current identity theft prevention measures, their shortcomings and the risks to customers new policies need to be implemented.

FACT defines  persons covered under the Red Flag Rules as creditors or financial institutions. The Equal Credit Opportunity Act (ECOA), defines creditors covered by the Red Flag Act as “any person that provides a product or service for which the consumer pays after delivery.” Under this wide definition of creditors many businesses will find themselves required to implement new identity theft measures in protecting their customers personal information. To find out more on the new Red Flag Rules and their implications check out the following link.

http://privacylaw.proskauer.com/2008/10/articles/identity-theft/ftc-suspends-enforcement-of-red-flag-rules-for-six-months/

Radio-frequency identification (RFID) is an automatic identification method, relying on storing and remotely retrieving data using devices called RFID tags or transponders. The technology requires some extent of cooperation of an RFID reader and an RFID tag.Once used for inventory management, there are new indications of future possible uses including the ability of law enforcement to be able to identify a whole group of people with a click of a transmitting device. The right to be left alone includes the right to just be walking down the street with out being tracked by random security forces. Read up on the new legislation aimed at curving the use of these tracking devices.

http://arstechnica.com/news.ars/post/20080328-washington-state-passes-rfid-privacy-law-wheres-uncle-sam.html

The Freedom of Information Act includes many cases of unpublished district court decisions that attempt to regulate the collection, maintenance, use, and dissemination of personal information by federal executive branch agencies. The Freedom of Information Act provides that any person has the right to request access to federal agency records or information with certain limitations. Often the FOIA is used to gather information on deceased people, corporations and organizations because under the law these groups do not have privacy rights. This is an extensive overview of the Department of Justice’s recommendation on the use of the Freedom of Information Act. For further information check out the following link.

http://www.usdoj.gov/oip/04_7_1.html

The California Supreme Court has determined that one can not reasonably  expect privacy in the trash they put out onto the street.  Here is a link to one of the most determining cases regarding trash privacy in the state of California. In this case the police seized property from a trash can that they then used for the bases of a warrant to search the home.  One of the easiest ways for a thief to steal your identity is to simply go through your trash picking up clues as to your personal information. There is very little recourse allowed when it comes to the law regarding trash. A person having your trash is not considered a violation of your privacy, it is what they use the trash for that could be considered unlawful.

http://www.fightidentitytheft.com/shred_supreme_court.html

One day driving through an intersection we look up and there  it is, the camera recording our driving abilities. When it comes to the law most every place , except those specifically identified as private, are places where video or audio taping a person is allowable. It is not required that the person is directly warned of the taping of their behavior. By the mere act of being in a public or semi-public location we except the fact that we give up our right to privacy. All that is required is that the person recording you is able to prove that your conversation could of easily been overheard by others.  Check out this link written by a local attorney on taping unknowing people in a public place.

http://answers.yahoo.com/question/index?qid=20061225215724AAoYRJT

The right of a person to expect anonymity when donating sperm has recently been challenged when a teenage boy using an on-line dna service was able to find out who his sperm donating daddy was. The right to be left alone, no matter the topic, often has the same theme behind it, the idea that a person can expect a certain amount of anonymity and has the right to be left alone. Read here about a young man trying to find out who his daddy is and a father who, though donating to a sperm bank, had no expectation of having the obligations custom to a father son relationship. For further information check out the following link:

http://www.privsecblog.com/archives/personal-privacy-hi-dad-teen-uncovers-anonymous-sperm-donor-through-online-geneaology-database.html

From genetic morality with it’s arguments of  genetic predisposition to the more scientific ideas of stem cell research and development, there are a wide spectrum of opinions on the issue of genetics.

No matter what your position on genetics is,  it is commonly believed that the genetic code of a person should be their personal property in their pursuit to just be left alone.Because of the personal, familial nature and unique characteristics of genetic information the majority of state legislatures have created specific genetic information laws.

This notion that genetic information is so important it needs it’s own set of laws above and beyond general medical law is called genetic exceptionalism. Typically these laws on genetic information have to do with preventing certain people, such as insurance agencies, from forcing a person to reveal their genetic information. This is a link to a chart listing all the state positions on certain  genetic information law;

http://www.ncsl.org/programs/health/genetics/prt.htm