Data Privacy


Privacy Needs Protection

As new innovative technologies are developed, our constitutionally protected right to privacy is often increasingly eroded. Americans have moved their lives into the digital realm and old policies to protect our physical possessions are insufficient to do the job.

This isn’t just about your email, cell phone location data, or the contents of your cloud storage. Eventually, the digitization of our biometric data (facial, retinal, voice, DNA, fingerprints, etc.) will be so commonplace that it will become impossible to ignore the consequences that come with unfettered access by government.

But by then, it will be too late.

How your state approaches these important issues now will have significant repercussions for generations to come. Now is the time to get it right. Otherwise, the privacy rights that we have held dear as a society will inevitably become a meaningless string of words.

Impact Map

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Five Critical Issues

Close the Loophole

A string of U.S. Supreme Court opinions in the 1960s and 70s developed a concept called the Third-Party Doctrine. In short, this allows the government access to private information held by third parties without a warrant. Our proposed legislation closes this loophole for state and local law enforcement.

Proactively Protect Privacy

Rather than waiting to find out from the media about new surveillance technologies and techniques that law enforcement has begun to use on private individuals, experts and elected officials should know about and study these issues prior to their proliferation. A surveillance audit committee can become a valued asset to checking the power of government.

Genetic Privacy

As more people use DNA testing for genealogical and healthcare purposes, expansive  databases of critical biometric information are being compiled with personal information. These databases should not be wide open for use by law enforcement.

Facial Recognition

Government photo databases (like for driver’s licenses) are now being used to track down criminals using facial recognition technology. Particularized suspicion must be the standard  for these systems in order to prevent broad fishing expeditions.

Geofence / Reverse Location Searches

Geofence searches give law enforcement broad authority to search unspecified persons before they are implicated in the crime being investigated. This model legislation limits when a reverse-location search may be conducted and codifies warrant requirements prior to their use.

David Iglesias, State Government Affairs Associate
Welcome to our privacy outreach page! Our goal is to build partnerships with legislators and organizations across the countries to support them in seeking adoption of this model legislation in every state. If you work with a think tank, advocacy group, or are an elected official, I’d love to connect with you and discuss how we can be helpful to you in protecting privacy in your state! Please reach out and let’s chat.