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Full-Text Articles in Law
Regulating Real-World Surveillance, Margot E. Kaminski
Regulating Real-World Surveillance, Margot E. Kaminski
Washington Law Review
A number of laws govern information gathering, or surveillance, by private parties in the physical world. But we lack a compelling theory of privacy harm that accounts for the state’s interest in enacting these laws. Without a theory of privacy harm, these laws will be enacted piecemeal. Legislators will have a difficult time justifying the laws to constituents; the laws will not be adequately tailored to legislative interest; and courts will find it challenging to weigh privacy harms against other strong values, such as freedom of expression. This Article identifies the government interest in enacting laws governing surveillance by private …
Washington's Reproductive Privacy Act: An Interpretation And Constitutional Analysis, Ross Tanaka
Washington's Reproductive Privacy Act: An Interpretation And Constitutional Analysis, Ross Tanaka
Washington Law Review
In Roe v. Wade, the Supreme Court declared that the “zone of privacy” inherent in the liberty component of the Due Process Clauses protected a woman’s right to choose when to terminate her pregnancy. Nevertheless, in the years following Roe, the Court held that the right of choice did not include a right to state assistance in obtaining an abortion. After decisions such as Webster v. Reproductive Services and Maher v. Roe, the state may express its preference for childbirth by denying the use of its funds, facilities, and personnel for abortion. Although a majority of the …
Public Records In Private Devices: How Public Employees' Article I, Section 7 Privacy Rights Create A Dilemma For State And Local Government, Philip Paine
Washington Law Review
The Washington Public Records Act (PRA or “the Act”) is a wide-ranging law that heavily weighs in favor of public disclosure of government processes. Initially enacted as a citizen initiative in 1972, the Act has many beneficial uses. For example, it provides insight into a local government’s decision-making process and ensures that citizens have access to their own government. However, the PRA’s potential to be used to invade personal privacy raises significant constitutional concerns. When an employee in possession of a public record invokes the protection of article I, section 7 of the Washington State Constitution, which protects an individual’s …