Privacy laws in Texas have a unique history compared to other states in the U.S. While most states recognized privacy protections in the late 19th or early 20th century, Texas didn’t acknowledge privacy as an individual right and actionable legal claim until the 1970s. John Domino, a political science professor at Sam Houston State University, delves into the history of privacy laws in Texas in his new book, “The Right to Privacy in Texas.”
In a recent interview, John Domino explains that Texas was slow to adopt privacy laws due to reluctance and cautiousness among judges. The fear of potential litigation prevented the early recognition of common law privacy doctrines. However, a significant legal case in the 1970s, Billings v. Atkinson, marked the first time a Texas court, specifically the Texas Supreme Court, acknowledged the right to privacy. This case established various tort doctrines related to privacy, including invasion or intrusion, public disclosure of private information, and appropriation.
Despite some advancements in privacy laws in Texas, there is resistance to expanding privacy rights, especially in more conservative courts. This resistance could impact issues such as reproductive rights and LGBTQ+ rights, as the state courts have yet to apply privacy rights to these matters.
While Texas has made strides in statutory protection for digital privacy, including laws on wiretapping, invasive visual recording, online impersonation, and identity theft, there is a growing trend in other states to amend state constitutions with an explicit right to privacy. Public opinion in Texas shows overwhelming support for the right to privacy, indicating a potential push for a constitutional amendment to protect privacy rights.
John Domino’s book aims to reach a broad audience, including legal scholars, lawyers, law students, and informed lay readers. By shedding light on the importance of privacy protections against corporations and secretive recording, the book highlights how privacy rights impact individuals on a daily basis. Moreover, in light of recent developments such as the Dobbs v. Jackson case, which could impact abortion rights in Texas, there is a need to consider the broader implications of strict anti-abortion laws on other dimensions of privacy, such as medical privacy and informational privacy.
Overall, the evolution of privacy laws in Texas reflects a complex interplay between legal developments, public opinion, and societal values. As discussions around privacy rights continue, there is a growing recognition of the need to protect individual privacy in the face of technological advancements and changing legal landscapes.
