Under Katz, which statement about information and privacy is correct?

Under Katz, which statement about information and privacy is correct?

• A. What a person knowingly exposes to the public is protected
• B. What a person reveals in a private place that is not accessible to the public is protected
• C. What he seeks to preserve as private, even in an area accessible to the public, may be protected
• D. All government records are protected

Answer: (C)

Under Katz, the key idea is the reasonable expectation of privacy. Privacy protection depends on what a person acts to keep private, not simply on where they are. The Supreme Court explained that the Fourth Amendment guards people, not places, and established a two-part test: whether a person has an actual expectation of privacy, and whether that expectation is one society recognizes as reasonable. Because of this, something a person tries to keep private can still be protected even if it occurs in an area the public can access. That’s why the statement that what he seeks to preserve as private, even in an area accessible to the public, may be protected is the best fit. The other ideas don’t capture that nuance: exposing information to the public generally destroys privacy protection; privacy in a clearly private space is related but not the central Katz principle; and blanket protection of all government records isn’t accurate.

Under Katz, the key idea is the reasonable expectation of privacy. Privacy protection depends on what a person acts to keep private, not simply on where they are. The Supreme Court explained that the Fourth Amendment guards people, not places, and established a two-part test: whether a person has an actual expectation of privacy, and whether that expectation is one society recognizes as reasonable. Because of this, something a person tries to keep private can still be protected even if it occurs in an area the public can access. That’s why the statement that what he seeks to preserve as private, even in an area accessible to the public, may be protected is the best fit. The other ideas don’t capture that nuance: exposing information to the public generally destroys privacy protection; privacy in a clearly private space is related but not the central Katz principle; and blanket protection of all government records isn’t accurate.