Adopting a Legislative Approach for Data in the Fourth Amendment: Defining Personal Data as An 'Effect'

This Article addresses the need to recognize a property-based right in personal data and limit amount of information that can be lawfully collected about individuals online. The Fourth Amendment, protecting “persons, houses, papers, effects” from unreasonable searches must interpreted ensure privacy for data. evolving nature protections global standards emphasizes necessity develop clear statutes protect an individual’s interest their Statutes such as E.U.’s GDPR California’s CCPA, provide regulatory framework on how approach federal level. Using “effects” significant resurgence revolution individual privacy. Expanding this through legislative ‘mere evidence’ rule will reform convoluted ‘reasonable expectation privacy’ outlined Katz v. United States its progeny.