2 cissp ® Official Study Guide Eighth Edition

Fourth Amendment 
The basis for privacy rights is in the Fourth Amendment to the U.S. 
Constitution. It reads as follows: 
The right of the people to be secure in their persons, houses, papers, and 
effects, against unreasonable searches and seizures, shall not be violated, 
and no warrants shall issue, but upon probable cause, supported by oath 
or affirmation, and particularly describing the place to be searched, and 
the persons or things to be seized. 
The direct interpretation of this amendment prohibits government agents from searching 
private property without a warrant and probable cause. The courts have expanded their in-
terpretation of the Fourth Amendment to include protections against wiretapping and other 
invasions of privacy.

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Chapter 4 
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Laws, Regulations, and Compliance
 Privacy Act of 1974
The Privacy Act of 1974 is perhaps the most signifi cant piece of 
privacy legislation restricting the way the federal government may deal with private informa-
tion about individual citizens. It severely limits the ability of federal government agencies to 
disclose private information to other people or agencies without the prior written consent 
of the affected individuals. It does provide for exceptions involving the census, law enforce-
ment, the National Archives, health and safety, and court orders. 
The Privacy Act mandates that agencies maintain only the records that are necessary for con-
ducting their business and that they destroy those records when they are no longer needed 
for a legitimate function of government. It provides a formal procedure for individuals to 
gain access to records the government maintains about them and to request that incorrect 
records be amended.
The Privacy Act of 1974 applies
only
to government agencies. Many people 
misunderstand this law and believe that it applies to how companies and 
other organizations handle sensitive personal information, but that is not 
the case.