Data rights

Data rights guarantee people protections against misuse or unauthorized use of personal information

Rationale

These rights are intrinsically tied to the right to privacy established by the United States Constitution. See the following excerpts from Cornell Law’s Legal Information Institute. ¹

There is a long and evolving history regarding the right to privacy in the United States. In the context of American jurisprudence , the Supreme Court first recognized the “right to privacy” in Griswold v. Connecticut (1965).

In Griswold , the Supreme Court found a right to privacy, derived from penumbras of other explicitly stated constitutional protections. The Court used the personal protections expressly stated in the First , Third , Fourth , Fifth , and Ninth Amendments to find that there is an implied right to privacy in the Constitution . The Court found that when one takes the penumbras together, the Constitution creates a “ zone of privacy. ”

In addition to the longstanding precedent in the United States, the right to privacy is internationally recognized in Article 12 of the Universal Declaration of Human Rights, Article 17 of the International Covenant on Civil and Political Rights, as well as other international and regional human rights instruments. ²

Rationale

Footnotes