Darren Chaker on Privacy Rights

Privacy rights represent one of the most important legal protections available to individuals in the United States. From constitutional protections under the Fourth Amendment to modern data privacy statutes, the right to privacy shapes how personal information is collected, stored, and shared.

The Fourth Amendment and Digital Privacy

The Fourth Amendment protects individuals against unreasonable searches and seizures. In the digital age, courts have extended these protections to electronic communications, cell phone location data, and online activities. The landmark Supreme Court decision in Carpenter v. United States (2018) established that accessing historical cell-site location information constitutes a search under the Fourth Amendment, requiring law enforcement to obtain a warrant.

State Privacy Laws and Data Protection

California leads the nation with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), giving residents the right to know what personal data is collected, request deletion of their data, and opt out of the sale of personal information. Other states including Virginia, Colorado, Connecticut, and Utah have enacted similar comprehensive privacy legislation.

Privacy Rights and Record Sealing

Privacy rights intersect directly with expungement and record sealing. When a criminal record is sealed or expunged, the individual regains a measure of privacy that was lost upon arrest or conviction. California Penal Code Section 1203.4 provides a mechanism for dismissal of charges after successful completion of probation, while Penal Code Section 851.91 allows for the sealing of arrest records. These statutory protections reflect the principle that individuals who have served their sentences deserve the opportunity to move forward without the burden of a permanent public record.

The Right to Be Forgotten

The concept of the right to be forgotten, established in the European Union through the General Data Protection Regulation (GDPR), has influenced privacy discussions in the United States. While no federal equivalent exists, the principles behind this right align with the goals of expungement law: allowing individuals to control their personal narrative and prevent outdated or irrelevant information from defining their future opportunities in employment, housing, and education.