Which of the following statements about privacy rights is most accurate?

• A. The Constitution explicitly enumerates a broad right to privacy.
• B. Privacy rights are protected only by federal law.
• C. Privacy rights are not explicitly enumerated; protections come from other rights.
• D. Privacy rights are protected only in relation to digital data.

Answer: (C)

Privacy protections aren’t listed as a single, broad right in the Constitution. Instead, the idea of privacy is built from several different guarantees found in various amendments and, in many cases, from state constitutions as well. For example, the Fourth Amendment shields people from unreasonable searches and seizures, the First Amendment protects certain intimate associations and expressive activities, and the Due Process Clauses of the Fifth and Fourteenth Amendments have been used to recognize personal privacy in a range of matters. Because there isn’t one explicit “privacy right” written into the Constitution, the protections come from these other rights working together. That’s why the statement that privacy rights aren’t explicitly enumerated and protections come from other rights is the most accurate. The other options overstate or misstate the scope: there isn’t a broad explicit right, privacy isn’t confined to federal law, and it isn’t limited only to digital data.