In our digital age, personal information has become valuable currency—and protecting it is increasingly important. Privacy rights give you control over how your personal data is collected, used, and shared. Understanding your privacy rights helps you protect your information and exercise control in an era of pervasive data collection.
Privacy protections come from federal laws, state laws, and company policies. Knowing what rights you have—and their limitations—empowers you to make informed choices about your data.
What Privacy Rights Mean
Privacy rights encompass several concepts. The right to know what information companies collect about you and how they use it. The right to access and obtain copies of your data. The right to correct inaccurate information. The right to delete data in certain circumstances. The right to opt out of certain uses like targeted advertising or data sales.
These rights vary significantly depending on where you live and what laws apply. California residents have comprehensive protections; residents of other states may have fewer statutory rights.
Federal Privacy Protections
The United States lacks comprehensive federal privacy legislation like Europe's GDPR. Instead, federal law protects privacy in specific sectors. HIPAA protects health information. FERPA protects student education records. GLBA covers financial information. COPPA protects children's online privacy.
These laws apply to specific industries, not all businesses. General online privacy isn't comprehensively regulated federally, leaving gaps that state laws have begun filling.
The FTC has authority over unfair and deceptive practices, including privacy-related deception. Companies that violate their own privacy policies may face FTC enforcement.
State Privacy Laws
Several states have enacted comprehensive privacy laws. California's CCPA and CPRA provide robust protections for California residents regardless of where the business is located. Other states including Virginia, Colorado, Connecticut, and Utah have enacted their own privacy laws.
State laws typically provide rights to know what data is collected, access your data, delete data, and opt out of sales or targeted advertising. Specifics vary by state.
If you live in a state with comprehensive privacy law, you have significant rights. If not, your protections depend on industry-specific federal laws and company policies.
Exercising Your Privacy Rights
To exercise privacy rights, you typically submit requests directly to companies. Most major companies have privacy request procedures—look for "Privacy" links at the bottom of websites or in account settings.
Companies must verify your identity before fulfilling requests to prevent unauthorized access to your data. Be prepared to provide identifying information.
Keep records of your requests. Companies have deadlines to respond (typically 30-45 days under state laws). If they fail to respond or deny your request improperly, you may have recourse.
Limits on Privacy Rights
Privacy rights have exceptions. Companies can retain data necessary for legal compliance, completing transactions, security purposes, and other legitimate uses. Deletion requests don't erase data from all backups, archives, or third parties who already received it.
Free services often exchange access to your data for the service. Opting out of data practices may limit functionality or make services unavailable.
Privacy rights primarily cover consumer contexts—employee data, business-to-business contacts, and publicly available information often have different rules or fewer protections.
Protecting Your Privacy Proactively
Beyond exercising legal rights, take proactive steps to protect privacy. Review privacy settings on accounts and devices. Limit information you share—provide only what's required. Use strong, unique passwords and enable two-factor authentication.
Be cautious about permissions you grant apps. Read privacy policies (or at least key sections) before using new services. Consider privacy-focused alternatives for browsers, search engines, and messaging.
When Your Privacy Is Violated
If a company violates your privacy rights, options depend on applicable law. Some state laws provide private rights of action—you can sue for violations. Others are enforced only by government agencies.
Report violations to state attorneys general and the FTC. These agencies investigate complaints and take enforcement action against bad actors.
Data breaches have separate notification requirements and may give rise to claims if you suffer harm from the breach.
Getting Legal Help
Privacy law is evolving rapidly. Consumer protection and privacy attorneys can help you understand your rights under applicable laws, exercise them effectively, and pursue remedies when they're violated. If you believe a company has mishandled your data, violated its privacy promises, or failed to honor your legal requests, legal consultation helps you understand your options.