How have courts treated privacy concerns in the context of privacy legislation?

California, United States of America


The following excerpt is from Hill v. National Collegiate Athletic Assn., 26 Cal.Rptr.2d 834, 7 Cal.4th 1, 865 P.2d 633 (Cal. 1994):

Privacy concerns are not absolute; they must be balanced against other important interests. (Doyle v. State Bar, supra, 32 Cal.3d at p. 20, 184 Cal.Rptr. 720, 648 P.2d 942; Wilkinson, supra, 215 Cal.App.3d at p. 1046, 264 Cal.Rptr. 194.) "[N]ot every act which has some impact on personal privacy invokes the protections of [our Constitution].... [A] court should not play the trump card of unconstitutionality to protect absolutely every assertion of individual privacy." (215 Cal.App.3d at p. 1046, 264 Cal.Rptr. 194.)

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