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The right to informational privacy has been acknowledged in several Supreme Court opinions (e.g., Whalen v. Roe, 1977). A lower court described this right as protecting “the individual from government inquiry into matters in which it does not have a legitimate and proper interest” (Eastwood v. Depart. of Corrections of State of Okl., 1988, p. 631). However, because the Supreme Court has not provided guidance on the meaning of informational privacy, the lower courts have defined it with various broad or narrow interpretations (Waldman, 2015). The lower courts also have adopted differing tests with regard to whether an individual’s informational privacy interests have been violated by a government actor. Most, however, use a balancing test that weighs the government’s interest in the invasion of informational privacy against the individual’s privacy interests. Furthermore, “case law is also murky as to whether the informational privacy right applies to government acquisition of personal information or whether it solely covers the further disclosure of such information” (p. 708).

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