Privacy Laws 4th amendment Protects citizens against "unreasonable" searches and seizures 1970 Fair Credit Reporting Act (FCRA) Allows consumers to access and correct mistakes, including inserting explanations, in their credit reports. Information over seven years old is to be deleted. Under the 1996 amendments to the Fair Credit Reporting Act, businesses can share certain consumer information with their affiliates, but they must first give customers the choice of opting out of the sharing. Family Educational Rights and Privacy Act of 1974 Gives parents access to their children's education records, and the right to seek to have the records amended. When students are over 18 only they have the right to view records - not the parents. 1974 Privacy Act Says the government can't create secret files, and should only store information as necessary. Public has to be given access to see and copy their files. The government is supposed to take steps to ensure that the information is accurate, complete, relevant and timely. The government isn't supposed to sell the information. Right to Financial Privacy Act 1978 Requires government agencies to provide notice and an opportunity to object before a bank or other institution can disclose personal financial information to a government agency, usually for law enforcement purposes. Privacy Protection Act of 1980 Protects journalists from having their work seized by federal and state officials except when there is a court order, or in cases like national security and child pornography, or when there's evidence the journalist committed a crime 1984 Cable Act (amends Communication Act 1934) Protects cable-television viewing information from being resold. Cable company has to tell all subscribers what information is being collected, how often it is disclosed and to what types of companies/individuals, and where the subscriber can look at the data being stored about them. Act still lets the cable company sell subscriber mailing lists. Electronic Communications Privacy Act of 1986 Protects private electronic communications from unauthorized surveillance by the government. Companies can still monitor your email on company computers. Employee Polygraph Protection Act of 1988 Forbids businesses from requesting, suggesting or requiring any job applicant to take a pre employment polygraph examination; they can't fire someone for refusing to take a polygraph Video Privacy Protection Act of 1988 Bars video stores from disclosing customers' specific video selections unless consumers opt in to such disclosures. However, stores don't have to destroy records. Computer Matching and Privacy Protection Act of 1988 Acts as an amendment to the 1974 Privacy Act. Users can correct incorrect information stored in government computerized databases. 1991 Telephone Consumer Protection Act Makes it illegal for telemarketers to fax stuff with out the express permission of the fax machine's owner, or to make automatic call units that play recorded messages illegal. FCC said each company maintain their own don't call list 1994 Drivers' Privacy Protection Act, States must get consumeršs permission before selling Department of Motor Vehicle records, but there are lots of loopholes that let them sell info to marketers. 1994 Communications Assistance to Law Enforcement Act Permits the government to wire tap digital communications. It forces telephone companies to comply with FBI wiretap demands. Phone companies have to upgrade wiring to comply. Telecommunications Act 1996 Prohibits telephone companies from selling call records without the customer's consent. Companies, however, may use call records to sell customer more services. Communications Decency Act 1995 Thrown out 1997 because it violated First Amendment free speech guarantees. Courts said that the law couldn't limit adult access to information to just that appropriate for children. The law made it illegal to transmit any content, text or image, which is obscene, lewd, lascivious, filthy, or indecent, with intent to annoy, abuse, threaten, or harass another person. Children's Online Privacy Protection Act - 1998 Requires child-oriented web sites to obtain verifiable parental consent before collecting information from children under age 13. They can't require children to give information in order to take part in contests and games on the site 1999 Gramm-Leach-Bliley Financial Services Modernization Act of 1999 Makes it mandatory for consumers to receive notice of a privacy policy and a chance to opt out of information-sharing with third parties. Banks may share data with insurance companies, brokerages, and other affiliates without consumer's permission. Executive Order 13181 December 2000 Protects consumer's health information. This information may not be used by law enforcement unless the public interest and the need for disclosure clearly outweigh the potential for injury to the patient, to the physician-patient relationship, and to the treatment services.