Technology and the Right to Privacy: The Convergence of Surveillance and Information Privacy Concerns

While the privacy concerns raised by advances in surveillance and information technologies are widely recognized, recent developments have led to a convergence of these technologies in many situations, presenting new challenges to the right to privacy. This Note examines this convergence of surveillance and information technologies and its potential impact on individual privacy interests. The Note first discusses the right to privacy, personal information, and surveillance technology separately, noting ways that new technologies create privacy concerns. The Note then describes the merging of surveillance and information technologies and the resulting convergence of two formerly distinct privacy issues. Finally, the Note examines existing protections for privacy, considers why they are insufficient, and proposes measures to enhance the constitutional protection of privacy interests to address these new technologies.