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Is the Expectation of Privacy a Dying Standard? The Government’s Access to Biological Data, Consumer Data and Bioinformatics – And the Limitations that Should be in Place
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Jose Angel Gutierrez
Published/Copyright:
September 14, 2021
Abstract
The Judicial System is by and large a backward-looking, rather than a forward-looking system. The rapid advancement of technology is creating a greater strain on our legal framework. The current legal system considers whether the Technology is in common use to determine the expectation of privacy, however, this legal standard will, and arguably already does, lack the flexibility to make timely and efficient determinations on the constitutionality of using certain technology for governmental searches and seizures. The solution is a proactive approach through a combination of Legislative and Judicial action that will ensure individual privacy is protected in an ever-advancing technological world.
Keywords: 4th Amendment; Bioinformatics; Biological data; Biotechnology; Expectation of Privacy; General Data Protection Regulation;
Katz, Kyllo
Published Online: 2021-09-14
© 2021 Walter de Gruyter GmbH, Berlin/Boston
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Articles in the same Issue
- Frontmatter
- Introduction
- Introduction to Volume XII
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- Is the Expectation of Privacy a Dying Standard? The Government’s Access to Biological Data, Consumer Data and Bioinformatics – And the Limitations that Should be in Place
- How to Quarantine False Information: What the U.S. Government May Do as False Information Spread on Social Media during a Public Health Crisis Becomes a Biosecurity Threat
- Biosecurity at the Border: How the Federal Government can Fulfill Its Duty and Ensure Its Citizens’ Rights by Minimizing the Public Health Risk Posed by Foreign Entrants
- Quarantine Authority in Texas: A COVID-19 Case Study
- The Hermit Kingdom’s Forgotten Threat: Evaluating UNSCR 1540’s Effectiveness in Controlling North Korea’s Biological Weapons Program
- Federal Quarantine: The Issue with Limited CDC Presence at Ports of Entry
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Keywords for this article
4th Amendment;
Bioinformatics;
Biological data;
Biotechnology;
Expectation of Privacy;
General Data Protection Regulation;
Katz, Kyllo
Articles in the same Issue
- Frontmatter
- Introduction
- Introduction to Volume XII
- Articles
- If U.S. Citizens Pose a Risk to International Health, Can the Federal Government Prevent Them from Traveling Abroad?
- The Human Patent: What Intellectual Property Rights Does an Individual Have in Their Own Genetic Material, and What Are the Global Biosecurity Implications?
- Following a New York Case: The Impact of Vaccination Exemptions for School Aged Children on Biosecurity
- Is the Expectation of Privacy a Dying Standard? The Government’s Access to Biological Data, Consumer Data and Bioinformatics – And the Limitations that Should be in Place
- How to Quarantine False Information: What the U.S. Government May Do as False Information Spread on Social Media during a Public Health Crisis Becomes a Biosecurity Threat
- Biosecurity at the Border: How the Federal Government can Fulfill Its Duty and Ensure Its Citizens’ Rights by Minimizing the Public Health Risk Posed by Foreign Entrants
- Quarantine Authority in Texas: A COVID-19 Case Study
- The Hermit Kingdom’s Forgotten Threat: Evaluating UNSCR 1540’s Effectiveness in Controlling North Korea’s Biological Weapons Program
- Federal Quarantine: The Issue with Limited CDC Presence at Ports of Entry
- Pandemics and the Anti-vaccination Movement: Analyzing Anti-Vaxxers’ Privacy Rights During a Global Pandemic
