Digital privacy invasion isn’t just a consumer protection issue. It’s inextricably linked to equality, with urgent implications for women and minorities.
Underlying Bedoya’s argument—and that of James in the Jack’d case—are the antidiscrimination principles governing modern civil rights laws. Under state and federal law, powerful entities, both public and private, are prohibited from depriving people of important opportunities because of their race, age, national origin, religion, gender, disability, and sexual orientation.
Following the development of modern civil rights laws, a civil right to intimate privacy would combat privacy invasions amounting to invidious discrimination. It would limit or ban data practices that imperil the opportunities of women and marginalized communities because of their membership in protected groups. That is the approach of the federal Genetic Information Non-Discrimination Act , which prohibits companies from using genetic information in employment decisions.
The understanding of civil rights as human rights with basic entitlements has a rich history. In 1792, political theorists Thomas Paine and Mary Wollstonecraft argued for a civil right to public education because it facilitates human development and participation in civil society.
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