Topic

Constitutional Privacy

The Constitutional Privacy tag covers constitutional protections for both privacy and data protection. In the EU, privacy and data protection are recognized as distinct fundamental rights, including under Articles 7 and 8 of the EU Charter of Fundamental Rights. In the U.S., the tag covers federal and state constitutional privacy protections, including California’s express constitutional right to privacy. Explore constitutional rights, and key court decisions.

California’s Constitutional right to privacy

California's constitutional right to privacy is one of the broadest in the United States. This article explores its origins, scope, key court decisions, threshold legal tests, limits, comparison with EU privacy law, and practical guidance for analyzing constitutional privacy claims.

Constitutional Data Protection Law

Data protection is a fundamental right in the European Union, distinct from the right to privacy. This article explores its constitutional foundations, tracing its development from national constitutions to the EU Charter of Fundamental Rights and the jurisprudence of the CJEU.

Sorrell v. IMS: Because Nothing Says ‘Freedom of Speech’ Like Selling Your Prescription Records

Can the sale of prescription records be protected by the First Amendment? This analysis explores Sorrell v. IMS Health, one of the Supreme Court's most influential—and controversial—privacy and commercial speech decisions.

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