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US Judicial Assessment of Privacy Breaches<br />
Two key factors figure prominently in assessing breach of privacy privacy<br />
cases:<br />
1. Where the privacy invasion occurred (i.e. in a public versus private<br />
location) AND<br />
2. Who perpetrated the privacy invasion (i.e. government actor or or<br />
member of public);(Abril 2007)<br />
To help differentiate between public versus private locations, US<br />
courts ask whether there was a reasonable expectation of privacy<br />
in the location where the alleged breach occurred?<br />
However, this means that our rights change when technology does<br />
(Friedman 2012)<br />
In US. V. Jones (2012) USSC Justice Sotomayor noted that the court court’s<br />
s<br />
longstanding reliance on expectations of privacy are “ill ill-suited suited to the<br />
digital age” age (Friedman 2012)
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