Government Protection Law

The law on government protection is a set of laws that protects the rights and liberties of citizens against the whims and fancies of the state. This type of law encompasses data privacy laws and civil rights laws. Equal protection laws and labor laws are other examples. These rights are guaranteed by the Constitution and enforced by courts.

Privacy laws, like protect personal information that is collected by federal agencies. The Privacy Act establishes four procedural and substantive rights for individuals, which include the right to gain access to their personal records from government agencies; to correct any information in error; to restrict how their personal information is shared with others; and to bring a lawsuit against government agencies if they violate their rights. The Privacy Act’s “fair information practices” (FIPPs) are the basis of many other privacy laws, including European Union Regulation 2016/679 on the Protection of Natural Persons with Regard to the Processing of Personal Data and the Free Movement of Such Data or GDPR; Gramm-Leach-Bliley Act; the Health Insurance Portability and Accountability Act of 1996 as well as the Electronic Communications Privacy Act.

The FIPPs also serve as the foundation for civil rights laws, which protect citizens’ rights to express their opinions and prevent discrimination. To prevail in a civil rights claim, a person must demonstrate that an official acted in a discriminatory manner by treating them differently based on their protected characteristic. The court will use three different ways to look view it now into the actions of the government agency in accordance with the nature and extent of the discrimination. These are three types of scrutiny: strict scrutiny; intermediate scrutiny or the rational basis.

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