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E-GOVERNMENT ACT (2002)This Act requires the federal government to use information technologiesthat protect privacy. The Act requires federal agencies to conduct PrivacyImpact Assessments (PIAs). A PIA is done when an agency developsinformation technology systems to collect and process individuallyidentifiable information. A PIA makes sure that systems are evaluated forprivacy risks. The law also requires privacy protection measures to securethe data in the systems. Federal agencies also must post their privacypolicies to their Web sites.Many other federal laws also have privacy protections. Some also haveinformation security provisions. These laws include the Gramm-Leach-BlileyAct and the Health Insurance Portability and Accountability Act (HIPAA).Further discussion of these laws takes place inPart 2of this book.State LawsState constitutions are the documents that form the individual stategovernments. State constitutions apply to the people who live in a particularstate. State constitutions are the highest form of law for state governments.Ten state constitutions recognize a right to privacy. They are Alaska, Arizona,California, Florida, Hawaii, Illinois, Louisiana, Montana, South Carolina, andWashington. These state constitutions provide clear privacy guarantees. TheMontana state constitution reads, "The right of individual privacy is essentialto the well-being of a free society and shall not be infringed without theshowing of a compelling state interest."3The California state constitution states, "All people are by nature free andindependent and have inalienable rights. Among these are enjoying anddefending life and liberty, acquiring, possessing, and protecting property,and pursuing and obtaining safety, happiness, and privacy."4NOTEThe California Office of Privacy Protection was created in 2000. It protects theprivacy rights of state residents. California was the first state to create this type of
agency. The agency has an extensive Web site that includes privacy tips andconsumer information. The Web site is.The State of New York was the first state to write a right of privacy into itsstatutes after Warren and Brandeis published their article "The Right toPrivacy."5Many states have written a right of privacy into their laws.Other states have recognized a right of privacy through their case law. In1905, the Georgia Supreme Court recognized a right to privacy. Georgia wasthe first state to recognize, through case law, a right to privacy in its ownConstitution.State governments also create laws to protect data. At the time this bookwas written, 45 states, including the District of Columbia, had enactedbreach notification laws. These laws require an organization to notify stateresidents if it experiences a security breach that involves the personalinformation of the residents. Breach notification laws are discussedinChapter 9.

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