Laws about data privacy are mostly constitutional, even though some critics disagree. American laws about business often rely on social and economic reasons, not just strict rules. A recent case called Sorrell v. IMS Health Inc. showed that a poorly written Vermont law was the issue, not data privacy laws in general. The real problem was that the law didn't go far enough, unlike the federal Health Insurance Portability and Accountability Act of 1996. Thinking of data privacy laws as a constitutional problem is usually not correct, which is a good thing as we rely on more digital data. Economic laws may not always clash with the Constitution even if they touch on data issues. In a democratic country, the people and their elected representatives should decide policies, not judges. Privacy and free speech are related but complex concepts.