We often refer to our "right to privacy," but in fact there is no right to privacy in the same sense as the right of free speech or right to bear arms. The US constitution is silent on privacy, although the First, Fourth and Fifth amendments have been interpreted to include privacy rights. Our legal concept of privacy is often said to begin with the famous law review article of Warren and Brandeis, although they were in particular addressing the issue of privacy and the press. Privacy is covered in various court cases, such as the Supreme Court's decision in 1967 that affirmed the right to private communications by outlawing wiretapping (except under certain court-sanctioned circumstances).

Data privacy, that is the right to keep information about yourself private, hasn't fared as well. For example, in 1974 the Supreme Court decided that your bank records belong to the bank, to do with as they see fit.