Page 280 - (ISC)² CISSP Certified Information Systems Security Professional Official Study Guide

U.S. Privacy Law

Although there is no constitutional guarantee of privacy, a myriad of
federal laws (many enacted in recent years) are designed to protect the

private information the government maintains about citizens as well
as key portions of the private sector such as financial, educational, and
healthcare institutions. In the following sections, we’ll examine a
number of these federal laws.

Fourth Amendment The basis for privacy rights is in the Fourth
Amendment to the U.S. Constitution. It reads as follows:

The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not
be violated, and no warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.

The direct interpretation of this amendment prohibits government
agents from searching private property without a warrant and
probable cause. The courts have expanded their interpretation of the
Fourth Amendment to include protections against wiretapping and
other invasions of privacy.

The Privacy Act of 1974 is perhaps the most significant piece of privacy

legislation restricting the way the federal government may deal with
private information about individual citizens. It severely limits the
ability of federal government agencies to disclose private information
to other people or agencies without the prior written consent of the
affected individuals. It does provide for exceptions involving the
census, law enforcement, the National Archives, health and safety, and
court orders.

Privacy Act of 1974 The Privacy Act mandates that agencies
maintain only the records that are necessary for conducting their
business and that they destroy those records when they are no longer
needed for a legitimate function of government. It provides a formal
procedure for individuals to gain access to records the government
maintains about them and to request that incorrect records be
amended.