Individual privacy may soon be a constitutional right in Wyoming.
An amendment to the Wyoming Constitution that would provide a right to individual privacy was presented to the state legislature last week. The amendment claims that this right will promote the “well-being of a free society.”
Senator Chris Rothfuss, D-Laramie, said “We are trying to set a baseline to respect the citizens of Wyoming’s rights and this is a great start,” Rothfuss said.
Rothfuss, the main force behind the bill, also said that the bill was originally formed with six others by the Digital Privacy Task Force and will be introduced over the next few years.
The amendment would add a new section to Article 1 of the constitution, adding that people’s rights of privacy not be infringed upon unless there is a “compelling state interest.”
“The section includes the concept of ‘a compelling state interest,’ which means the courts would have to weigh privacy rights and the law enforcement’s accusations,” Rothfuss said.
State Senator Charles Scott (R- Casper) is wary of the proposed amendment.
“I am extremely cautious to make changes to the constitution because of the possible unintended consequences and the reasoning behind the amendment,” Scott said.
Scott believes that placing a statute would be better than amending the constitution itself, as it could be more flexible. Scott also believes that certain private information should be available, if the need arises.
“In certain situations we have to share private information such as our medical history, otherwise there would be serious consequences,” Scott said.
The amendment would prohibit employers from requiring or requesting personal information involving social media before hire, require the Department of Enterprise Services to enforce data privacy policies, broaden personal identifying information and add requirements for companies to inform employees when their personal information has been breached.
Aaron Lairamore, a senior in political science and history said, “It is a valid argument, but it also would only apply to the state of Wyoming, which Wyoming doesn’t do many searches compared to the federal government anyway.”
Lairamore said that it would be more beneficial if the Supreme Court amended this into the nation’s constitution so that it has more of an effect. “It is a start to the federal government to hopefully tag along in this,” Lairamore said.
Mikalah Skates, an international relations sophomore, said “If the federal government wants to do this then they would, but I see it as a good thing regarding terrorists as long as it doesn’t infringe on our rights,” Skates said. “This is important for the safety of others, but I guess if you don’t have anything to hide then why not?”
The amendment will be included in the 2015 legislature session beginning on Jan. 13, and, with two-thirds of the vote in both houses of congress, could be placed on the Wyoming ballot for voters in 2016.
