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Introduced in the Senate as S. 3418 by Samuel Ervin Jr. (D–NC) on May 1, 1974; Committee consideration by Senate Homeland Security and Governmental Affairs; Passed the Senate on November 21, 1974 ()
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The Constitution of the United States and the United States Bill of Rights do not explicitly include a right to privacy, no federal law takes a holistic approach to privacy legislation, and the US has no national data protection authority. [1]
The early years in the development of privacy rights began with English common law, protecting "only the physical interference of life and property". [5] The Castle doctrine analogizes a person's home to their castle – a site that is private and should not be accessible without permission of the owner.
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The First Amendment states the government cannot violate the individual's right to " freedom of speech, or of the press". [3] In the past, this amendment primarily served as a legal justification for infringement on an individual's right to privacy; as a result, the government was unable to clearly outline a protective scope of the right to speech versus the right to privacy.
The act is also referred to as the Buckley Amendment, for one of its proponents, Senator James L. Buckley of New York. [ 2 ] FERPA is a U.S. federal law that regulates access and disclosure of student education records.