Certified Information Privacy Professional – United States (CIPP/US) — Question 116
The U.S. Supreme Court has recognized an individual’s right to privacy over personal issues, such as contraception, by acknowledging which of the following?
Answer options
- A. Federal preemption of state constitutions that expressly recognize an individual right to privacy.
- B. A “penumbra” of unenumerated constitutional rights as well as more general protections of due process of law.
- C. An interpretation of the U.S. Constitution’s explicit definition of privacy that extends to personal issues.
- D. The doctrine of stare decisis, which allows the U.S. Supreme Court to follow the precedent of previously decided case law.
Correct answer: B
Explanation
The correct answer is B because the Supreme Court has identified a 'penumbra' of rights, indicating that privacy is implied within the broader protections of the Constitution, particularly through due process. Option A is incorrect as it misstates the relationship between state and federal privacy rights, while C misinterprets the explicit nature of constitutional privacy. Option D relates to legal precedent but does not specifically address individual privacy rights.