Social media has had a significant impact on privacy rights as it has made personal information more accessible to a broader audience. The proliferation of social media platforms has led to an increase in the amount of personal information that individuals share online. Social media has allowed people to share personal information and activities in the public domain easily, which can often be accessed and used by third parties without the users consent. The social media platforms themselves can also collect and use personal information in a manner that infringes on an individuals right to privacy.
The right to privacy is protected by the Fourth Amendment to the US Constitution. However, challenges arise when people willingly share personal information on social media platforms. Courts have ruled that the sharing of personal information on social media may diminish an individuals expectation of privacy in certain situations.
In theory, the constitutional right to freedom of expression means that we are at liberty publicly to express our beliefs and opinions on social media without censorship. The right to privacy, on the other hand, entrenches the right to have our personal information protected from unlawful disclosures, including by online publication. The question that arises is how to reconcile these competing ideals in the context of so-called ‘free speech’ posts wherein the personal information of another is disclosed.
Under existing law, social media information communicated through behind password-protected pages receives no reasonable expectation of privacy. This doctrinal stance creates the troubling reality that law enforcement officials can and do engage in "covert friending" operations. However, the Fourth Amendment requires a greater degree of privacy protection for social media data. Judicial and legislative activity provides indicia of a willingness to reconsider citizens reasonable expectation of privacy and reverse an anachronistic equation of privacy with secrecy.
In conclusion, social media can have a significant impact on the constitutional right to privacy. The proliferation of social media platforms has led to an increase in the amount of personal information that individuals share online, which can often be accessed and used by third parties without the users consent. As a result, indi...
