What is the legal basis of privacy law?
Privacy law in Hawaii is based on several legal principles. The most prominent legal basis of privacy law is the right to privacy, which is found in the Hawaii Constitution. The Constitution states that “the right of the people to privacy is recognized and shall not be infringed.” This right is further protected under the State’s civil and criminal laws. Hawaiian courts have generally recognized the right to privacy in the context of private and personal matters, such as communication and information. This includes the right to control access to personal documents, photographs, and similar items. In addition, courts have recognized the right to keep personal information private, such as medical records and financial information. The Hawaii courts have also recognized the right to privacy in the context of the Internet. The Hawaii Supreme Court has ruled that individuals have the right to keep digital information, such as emails and social media messages, private. This rule protects individuals from unwanted access to their digital information by third-parties. Finally, Hawaii privacy law also recognizes the concept of “informational privacy.” This principle requires that government entities, such as universities, employers, and hospitals, protect confidential information of individuals. For example, educational records, medical records, and financial information must be kept secure and confidential by the government entity. In sum, privacy law in Hawaii is based on several legal principles, including the right to privacy found in the Hawaii Constitution, the right to protect personal information, the right to privacy in the context of the Internet, and the concept of informational privacy.
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