Privacy and Information Protection

• Opposes efforts to repeal the sunset provision of the USA PATRIOT Act of 2001, and urges Congress to conduct a thorough review of the implementation of the powers granted to the Executive Branch under the Act before considering any extension or expansion of surveillance authority under the Act.
  Approved August 2003

• Urges Congress to conduct regular and timely oversight of the government’s use of the Foreign Intelligence Surveillance Act (“FISA”) to ensure that FISA investigations do not violate the First, Fourth, and Fifth Amendments to the Constitution.
  Approved as Revised February 2003

• Urges protection of the rights of immigration detainees by: disclosing their names and whereabouts; allowing access to attorneys and family members; promptly charging and, when appropriate, releasing detainees; and holding custody hearings with the opportunity for appellate review. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved August 2002

• Supports federal legislation that acknowledges individuals’ rights to privacy of their health care information and protects the confidentiality of personally identifiable health information from any source including medical record, electronic data, and genetic material. Jointly presented with the Commission on the Legal Problems of the Elderly. Related recommendations sponsored by the Section Approved (2/96) and Withdrawn (8/98).
  Approved as revised February 1999

• Recommends that nominating or investigating bodies consider the privacy interests of judicial nominees or candidates in making character and fitness determinations. Presented by the Commission on Mental and Physical Disability Law. Cosponsored by the Section of Individual Rights and Responsibilities and the Judicial Division. Related recommendation cosponsored by the Section Withdrawn (8/97).
  Approved as revised February 1998

• Supports legislation that protects the confidentiality of personally identifiable and health information in either paper or electronic form. Cosponsored by the Young Lawyers Division, the National Lesbian and Gay Law Association, and the Steering Committee on Unmet Legal Needs of Children. Related recommendations sponsored by the Section Withdrawn (8/98) and Approved (2/99).
  Approved as revised February 1996

• Opposes state or federal legislation which restricts the right of a woman to choose to terminate a pregnancy (I) before fetal viability; or (II) thereafter, if such termination is necessary to protect the life or health of the woman. Supports state or federal legislation that protects a women’s right to choose to terminate a pregnancy. Jointly presented by the National Association of Women Lawyers, the National Conference of Women’s Bar Associations and the individual members of the ABA. Cosponsored by the Section of Individual Rights and Responsibilities, the Beverly Hills Bar Association, the Santa Clara County Bar Association, the Seattle-King County Bar Association, and the Young Lawyers Division.
  Approved February 1990

• Opposes legislation restricting the confidential relationship between a pregnant woman and her physician, or regarding the decision to terminate a pregnancy before fetal viability or thereafter when the mother’s life is in jeopardy. Jointly presented with the Criminal Justice Section, the Commission on Women in the Profession, the Beverly Hills Bar Association and the National Association of Women Lawyers. Substitute policy Approved that the American Bar Association not support a particular viewpoint with respect to a decision to terminate pregnancy (8/90).
  Revised recommendation similar to (2/90) was cosponsored by Section and Approved (8/92).
  Approved February 1990

• Clarification of policy statement (8/89) regarding the confidentiality of AIDS-related information. Jointly presented with the Young Lawyers Division.
  Approved February 1990

• Supports the enactment of federal legislation promoting voluntary counseling and testing for AIDS; mandating the confidentiality of such testing; and prohibiting discrimination against individuals with HIV/AIDS. Jointly presenting with the Young Lawyers Division.
  Approved as Amended February 1988

• Urges enactment of federal legislation to amend the federal wiretap law to protect transmissions in all forms including voice, data and video among other amendments. Cosponsored by the Law Student Division.
  Approved August 1986

• Supports the enactment of legislation to amend the Federal Privacy Act of 1974 to enhance citizen privacy. Cosponsored by the Law Student Division.
  Approved August 1986

• Supports, as appropriate, objectives of a privacy protection policy relating to the acquisition, maintenance, use and disclosure of personal records.
  Approved as Amended August 1979

• Supports federal legislation designed to improve the procedures under the Freedom of Information Act for obtaining access to government information.
  Approved August 1974

• Urges states to eliminate existing legal restrictions on access to contraceptive information, procedures and supplies.
  Approved August 1973

• Calls for a repeal of all laws that classify as criminal conduct any form of noncommercial sexual conduct between consenting adults in private.
  Approved August 1973

For more information, please visit the Committee on Privacy and Information Protection Homepage.