Accessible Requires Authentication Pre-published online by De Gruyter September 14, 2021

Is the Expectation of Privacy a Dying Standard? The Government’s Access to Biological Data, Consumer Data and Bioinformatics – And the Limitations that Should be in Place

Jose Angel Gutierrez


The Judicial System is by and large a backward-looking, rather than a forward-looking system. The rapid advancement of technology is creating a greater strain on our legal framework. The current legal system considers whether the Technology is in common use to determine the expectation of privacy, however, this legal standard will, and arguably already does, lack the flexibility to make timely and efficient determinations on the constitutionality of using certain technology for governmental searches and seizures. The solution is a proactive approach through a combination of Legislative and Judicial action that will ensure individual privacy is protected in an ever-advancing technological world.

Corresponding author: Jose Angel Gutierrez, Texas Tech University School of Law, 3311 18th St, Lubbock, TX, USA, E-mail:

Published Online: 2021-09-14

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