4 ms·

Constitutionally, privacy is a pretty cut-and-dry concept. Private information isn't "information I don't want the government to have" it's "information I don't

Constitutionally, privacy is a pretty cut-and-dry concept. Private information isn't "information I don't want the government to have" it's "information I don't want anyone else to have." You are incorrect. Your line of thinking runs in direct opposition to Roe V. Wade. You can share information with your doctor that you specifically do not want the government to have. There's nothing special about doctors, in a constitutional sense. They are a third party providing a service and it is most certainly possible to have shared information with a third party that is still private.

rayiner 11y ago
I'm talking about "privacy" in the 4th amendment sense. The Griswold "privacy" line of cases is pretty much totally inapplicable outside the reproduction/sexual activity/family planning context, largely because they conjure up a "right to privacy" that doesn't really exist in the Constitution.
- deleted 11y ago
  [deleted]
- ytpete 11y ago
  I'm still not sure about your claim that private information consists _only_ of "information I don't want anyone else to have." You can share information with another trusted party and still have an expectation of privacy (such that the government needs a warrant to compel access to that information). Conversely, you can have information that you don't share with another living soul, and the government can also compel access to that information - e.g. a warrant to search your private belongings. The standard for how the government can access your information doesn't automatically change depending on whether you've shared it with 0 or > 0 people.
wtbob 11y ago
> You can share information with your doctor that you specifically do not want the government to have. Sure, you can—and your doctor will reveal that information to the government if required to do so by mandatory-reporting laws.
- thephyber 11y ago
  Confirmed, (although there may be state law protections, depending on the state). There are similar issues with attorney, accountant, priest, psychotherapist, etc.[1] Spousal privilege is US federal common law and is complicated because many states have laws that either support or override the federal version.[2] [1] https://en.wikipedia.org/wiki/Privilege_%28evidence%29 https://en.wikipedia.org/wiki/Privilege_%28evidence%29 [2] https://en.wikipedia.org/wiki/Spousal_privilege#Communications_privilege https://en.wikipedia.org/wiki/Spousal_privilege#Communicatio...

rayiner 11y ago

I'm talking about "privacy" in the 4th amendment sense. The Griswold "privacy" line of cases is pretty much totally inapplicable outside the reproduction/sexual activity/family planning context, largely because they conjure up a "right to privacy" that doesn't really exist in the Constitution.

deleted 11y ago
[deleted]
ytpete 11y ago
I'm still not sure about your claim that private information consists _only_ of "information I don't want anyone else to have." You can share information with another trusted party and still have an expectation of privacy (such that the government needs a warrant to compel access to that information). Conversely, you can have information that you don't share with another living soul, and the government can also compel access to that information - e.g. a warrant to search your private belongings. The standard for how the government can access your information doesn't automatically change depending on whether you've shared it with 0 or > 0 people.

wtbob 11y ago

> You can share information with your doctor that you specifically do not want the government to have. Sure, you can—and your doctor will reveal that information to the government if required to do so by mandatory-reporting laws.

thephyber 11y ago
Confirmed, (although there may be state law protections, depending on the state). There are similar issues with attorney, accountant, priest, psychotherapist, etc.[1] Spousal privilege is US federal common law and is complicated because many states have laws that either support or override the federal version.[2] [1] https://en.wikipedia.org/wiki/Privilege_%28evidence%29 https://en.wikipedia.org/wiki/Privilege_%28evidence%29 [2] https://en.wikipedia.org/wiki/Spousal_privilege#Communications_privilege https://en.wikipedia.org/wiki/Spousal_privilege#Communicatio...