What is the legal basis of privacy law?
Privacy law is based on a variety of legal doctrines, as well as civil and criminal statutes, that provide protection to individuals from unwanted intrusion or disclosure of their personal information. In Virginia, the legal basis of privacy law is mainly derived from the Virginia State Constitution and the Virginia Freedom of Information Act (VFOIA). The Virginia State Constitution provides general privacy protection to individuals by stating that the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated. The Virginia Freedom of Information Act also provides for the protection of individual privacy by setting limitations on the release of personal information by public bodies. Additionally, Virginia recognizes an “invasion of privacy” as an actionable tort, meaning a person can seek damages when their reasonable expectation of privacy has been violated. This type of “invasion of privacy” is usually in the form of an unauthorized intrusion into a person’s private affairs or publications of private facts about an individual. Finally, Virginia has a comprehensive body of criminal laws that protect individual privacy. These laws, among other things, prohibit wiretapping and unauthorized access to or disclosure of private or restricted communications, as well as personal information stored on computers or other devices. In sum, Virginia’s privacy law is based on various constitutional provisions, civil statutes, and criminal laws, all of which are designed to protect individuals from intrusion and disclosure of their personal information.
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