Also known as: security safeguard · safeguards
Written by attorneys · grounded in primary & secondary sources — see below
Protective measures implemented to prevent unauthorized access, misuse, or erroneous outcomes when personal data is stored or when legal procedures affect individual rights. These measures include reasonable precautions such as secure storage protocols and procedural checks that balance private interests against administrative burdens.
Samuel Soto receives notice that his Social Security disability payments will end. He submits a detailed written statement with medical records explaining why termination is improper. The agency reviews the materials, continues payments temporarily, and later schedules a full hearing where Soto prevails and receives retroactive benefits.
Spectrum Financial calls an out-of-state witness during trial. The court permits live video transmission after finding good cause from travel restrictions. The system includes encrypted connections, real-time cross-examination capability, and jury observation of demeanor to maintain fairness.
Select any source to read its text and confirm it supports the definition.
Southland Foods maintains a computerized list of patients receiving controlled substances. The state requires encryption, access logs, and audit trails before storing names and addresses. These steps prevent unauthorized disclosure while allowing legitimate regulatory review.
Santiago Sanchez applies for a handgun permit. The licensing agency stores application data in a restricted database with limited employee access and regular security audits. These controls protect sensitive personal information from improper release.
Selena Singh challenges admission of recorded conversations obtained without a warrant. The government demonstrates that the recordings were kept under seal with chain-of-custody logs and restricted access. These steps preserve the integrity of the evidence and individual privacy interests.
Stephen Shaw sues over alleged foreign intelligence collection targeting his communications. The government shows that data acquisition occurs only under court-approved minimization procedures and internal compliance reviews. These safeguards limit exposure of innocent persons' information.
Reasonable security safeguards require precautions such as encryption, access controls, and audit mechanisms once personal information is collected and retained. These steps prevent unauthorized access or disclosure while allowing legitimate uses.
Safeguards enter the Mathews balancing test as the value of additional procedures that reduce the risk of erroneous deprivation. Written notice and an opportunity to respond in writing before termination, followed by a post-termination hearing, can satisfy due process when they adequately protect the private interest.
A court may permit contemporaneous transmission from another location upon a showing of good cause in compelling circumstances and with appropriate safeguards that preserve the ability to observe demeanor and conduct cross-examination.
No. The right of privacy does not prohibit a state from collecting and storing names and addresses of patients prescribed dangerous drugs when reasonable safeguards against improper disclosure are in place.
…U. S. 116, recognized the power of Congress to restrict travel outside the country so long as it accorded persons the procedural safeguards of due process and did not violate any other specific constitutional provision. Schware v. Board of Bar Examiners , 353 U. S. 232, held simply that a State could not, consistently with due…