AUTONOMY AND INFORMATIONAL PRIVACY, OR GOSSIP: THE CENTRAL MEANING OF THE FIRST AMENDMENT

2004 ◽  
Vol 21 (2) ◽  
pp. 215-268 ◽  
Author(s):  
C. Edwin Baker
Keyword(s):  
Private Information ◽  
Personal Information ◽  
Modern Society ◽  
Press Freedom ◽  
Informational Privacy ◽  
The Right To Privacy ◽  
Private Lives ◽  
Central Meaning ◽  
Normative Argument ◽  
The Right

My thesis is simple. The right of informational privacy, the great modern achievement often attributed to the classic Samuel Warren and Louis Brandeis article, “The Right to Privacy” (1890), asserts an individual's right not to have private personal information circulated. Warren and Brandeis claimed that individual dignity in a modern society requires that people be able to keep their private lives to themselves and proposed that the common law should be understood to protect this dignity by making dissemination of private information a tort. As broadly stated, this right not to have private information distributed directly conflicts with a broadly conceived freedom of speech and of the press. My claim is that, in cases of conflict, the law should reject the Warren and Brandeis innovation. Speech and press freedom should prevail; the privacy tort should be ignored. This conclusion requires a normative argument concerning the appropriate basis and status of speech freedom that this essay will not really provide but for which I have argued elsewhere. Here, instead, I will describe that theory of speech freedom, explore its implications for informational privacy, and finally suggest some reasons to think that rejection of the privacy tort should not be so troubling and is, in fact, pragmatically desirable.

The Right to Privacy and the Protection of Personal Data in a Digital Era and the Age of Information

2012 ◽  
pp. 34-45
Author(s):  
William Bülow ◽  
Misse Wester
Keyword(s):  
Empirical Evidence ◽  
Personal Information ◽  
Personal Data ◽  
Modern Society ◽  
Right To Privacy ◽  
Policy Makers ◽  
The Right To Privacy ◽  
Digital Era ◽  
The Individual ◽  
The Right

As information technology is becoming an integral part of modern society, there is a growing concern that too much data containing personal information is stored by different actors in society and that this could potentially be harmful for the individual. The aim of this contribution is to show how the extended use of ICT can affect the individual’s right to privacy and how the public perceives risks to privacy. Three points are raised in this chapter: first, if privacy is important from a philosophical perspective, how is this demonstrated by empirical evidence? Do individuals trust the different actors that control their personal information, and is there a consensus that privacy can and should be compromised in order to reach another value? Second, if compromises in privacy are warranted by increased safety, is this increased security supported by empirical evidence? Third, the authors will argue that privacy can indeed be a means to increase the safety of citizens and that the moral burden of ensuring and protecting privacy is a matter for policy makers, not individuals. In conclusion, the authors suggest that more nuanced discussion on the concepts of privacy and safety should be acknowledged and the importance of privacy must be seen as an important objective in the development and structure of ICT uses.

Protection of Personal Information Act 2013 and data protection for health research in South Africa

2020 ◽  
Vol 10 (2) ◽  
pp. 160-179
Author(s):  
Ciara Staunton ◽  
Rachel Adams ◽  
Dominique Anderson ◽  
Talishiea Croxton ◽  
Dorcas Kamuya ◽  
...  
Keyword(s):  
South Africa ◽  
Data Protection ◽  
Health Research ◽  
Personal Information ◽  
Right To Privacy ◽  
Informational Privacy ◽  
The Right To Privacy ◽  
Constitutional Right ◽  
The Right ◽  
The Impact

Abstract The Protection of Personal Information Act (POPIA) [No.4 of 2013] is the first comprehensive data protection regulation to be passed in South Africa and it gives effect to the right to informational privacy derived from the constitutional right to privacy It is due to come into force in 2020, and seeks to regulate the processing of personal information in South Africa, regulate the flow of personal information across South Africa’s borders, and ensure that any limitations on the right to privacy are justified and aimed at protecting other important rights and interests. Although it was not drafted with health research in mind, POPIA will have an impact on the sharing of health data for research, in particular biorepositories. It is now timely to consider the impact of POPIA on biorepositories, and the necessary changes to their access and sharing arrangements prior to POPIA coming into force.

PRIVACY PROBLEM IN A DIGITAL EPOCH

2020 ◽  
pp. 36-50
Author(s):  
Irina Aseeva
Keyword(s):  
Information And Communication Technologies ◽  
Consumer Choice ◽  
Personal Information ◽  
Personal Data ◽  
Modern Society ◽  
Private Life ◽  
The Right To Privacy ◽  
Democratic State ◽  
Privacy Problem ◽  
The Right

Being an inalienable right of a citizen of a democratic state, the right to privacy of life in the digital age is exposed to constant intrusions and encroachments. Private life is becoming an object of interest for the public, state intelligence agencies, commercial organizations, and crime, who have received the opportunity through information and communication technologies not only to look after a person through correspondence and analysis of personal data, but also to manipulate consumer choice, generate demand, track movements and contacts. At the same time, as the results of sociological studies show, modern society itself is becoming more open, and users of Internet resources give the important personal information, often voluntarily post terabytes of photos and videos, losing the border between privacy and publicity, morally acceptable and legally prohibited.

Risk Assessment vs. Right to Privacy: The Access to Health Information on the Insurance Candidate through Questionnaires and the Right to Privacy

2013 ◽  
Vol 20 (1) ◽  
pp. 63-78
Author(s):  
Maria Inês de Oliveira Martins
Keyword(s):  
International Law ◽  
Health Information ◽  
Personal Information ◽  
Relevant Information ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Access To Health ◽  
Health Related ◽  
Principle Of Proportionality ◽  
The Right

Abstract The need of private insurers for information on the candidate’s health risks is recognized by the law, which places pre-contractual duties of disclosure upon the candidates. When the risks are influenced by health factors, e.g. in the case of life- and health insurances, it implies the provision of health information by the candidates, who thus voluntarily limit their right to privacy. This consent, however, often happens in a context of factual coercion to contract. Next to this, from a legal standpoint, the collection of personal information must respond to the principle of proportionality. Against this background, this article assesses the compatibility of questionnaire techniques that rely on open-ended health related questions with the right to privacy, as protected by Portuguese and international law. It then analyses the extent of pre-contractual duties of disclosure as defined by the Portuguese Insurance Act, which requires the candidate to volunteer all the relevant information independently of being asked for it. In doing so, the article also refers to some other European countries. It concludes that the relevant Portuguese legislation is incompatible both with Portuguese constitutional law and with international law.

scholarly journals IS CYBER SEARCH AND SEIZURE UNDER THE CYBERCRIMES AND CYBERSECURITY BILL CONSISTENT WITH THE PROTECTION OF PERSONAL INFORMATION ACT?

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Melody Musoni
Keyword(s):  
Personal Information ◽  
The State ◽  
Search And Seizure ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Constitutional Right ◽  
The Right

The focus of this note is to analyze whether the Cybercrimes and Cybersecurity Bill provides a harmonization between search and seizure and the constitutional right to privacy. This will be achieved by discussing the State powers of search and seizure in cyberspace vis-à-vis the right to privacy as envisaged in the Protection of Personal Information Act. Further, this note investigates whether the Cybercrimes and Cybersecurity Bill achieves the purpose of combatting cybercrimes without the infringement of the right to privacy. Subsequently, the article provides plausible recommendations on how the State should lawfully conduct searches and seizures of articles related to cybercrimes.

19. Breach of confidence: Trade secrets and private information

2019 ◽  
pp. 483-512
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
United Kingdom ◽  
Private Information ◽  
Technical Information ◽  
European Convention ◽  
Trade Secrets ◽  
The Right To Privacy ◽  
Common Definition ◽  
The United Kingdom ◽  
Definition Of ◽  
The Right

This chapter studies breach of confidence. In the United Kingdom, the area of breach of confidence has traditionally been used to protect ideas and information, including trade secrets. The doctrine of breach of confidence is judge-made law, rooted in equitable principles. In consequence, it has developed in a piecemeal, and sometimes contradictory fashion, so that the rationale for the action has not always been clear. Nevertheless, the law of confidence is broad enough in the United Kingdom to encompass: the common definition of a trade secret (commercial, usually technical information); personal, private information which may also have a commercial value (including information which may be protected under the right to privacy under Art. 8 of the European Convention on Human Rights (ECHR)); and information protected by the state. The chapter then looks at the role of trade secrets in intellectual property law and considers the EU Trade Secrets Directive.

Exercising the Right of Privacy

2011 ◽  
pp. 1-28
Author(s):  
Scott Flinn ◽  
Scott Buffett
Keyword(s):  
Risk Management ◽  
Private Information ◽  
Information Exchange ◽  
Privacy Protection ◽  
Personal Information ◽  
Privacy Concerns ◽  
Right Of Privacy ◽  
Exposure Risks ◽  
The Right Of Privacy ◽  
The Right

This chapter discusses privacy from the perspective of the consumer of e-services. It proposes a technique for risk management assessment designed to help consumers evaluate a situation to identify and understand potential privacy concerns. The technique centers around a series of questions based on common principles of privacy protection. The chapter discusses how a consumer can understand exposure risks and how information can be controlled and monitored to mitigate the risks. It also proposes a method for assessing the consumer’s value of personal information, and a mechanism for automated negotiation is presented to facilitate fair, private information exchange. The authors believe that these or similar techniques are essential to give consumers of e-services meaningful control over the personal information they release. This forward-looking chapter provides a foundation for developing methods to empower users with control over their private information.

scholarly journals El derecho a la privacidad en los Estados Unidos : aproximación diacrónica a los intereses constitucionales en juego

2011 ◽  
pp. 279
Author(s):  
María Nieves Saldaña
Keyword(s):  
Personal Development ◽  
Personal Information ◽  
The United States ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Federal Constitution ◽  
Broad Concept ◽  
El Sistema ◽  
Constitutional System ◽  
The Right

Although the federal Constitution of the United States does not expressly recognize a «right to privacy», however, the Supreme Court, over a long and gradual case law, has considered it implicit in the guarantees of the First, Fourth, Fifth, Ninth and Fourteenth Amendments. Therefore, in the American constitutional system the right to privacy is a broad concept, which is set along more than a century to progressively delimit those areas of the private sphere which tend to preserve those interests of solitude, sanctuary, autonomy, individuality, personal development, freedom of choice in personal matters, control of personal information, as well as the essential substrate of the inviolable human dignity. These essential individual interests contribute to the formation of an active and participatory citizenship, constituting thus the right to privacy a fundamental legal interest for the very existence of the democratic system.Aunque la Constitución federal de los Estados Unidos no reconoce expresamente un «derecho a la privacidad », sin embargo, el Tribunal Supremo, a lo largo de una extensa y gradual jurisprudencia, lo ha considerado implícito en las garantías de la Primera, Cuarta, Quinta, Novena y Decimocuarta Enmiendas. Por tanto, en el sistema constitucional norteamericano el derecho a la privacidad es un concepto amplio, que se ha configurado a lo largo de más de un siglo al delimitarse progresivamente aquellos ámbitos de la esfera privada que tienden a preservar esos intereses de soledad, secreto, autonomía, individualidad, desarrollo de la personalidad, libertad de elección en asuntos personales, control de la información personal, así como del sustrato esencial de la inviolable dignidad humana. Intereses individuales de carácter esencial que coadyuvan a la formación de una ciudadanía activa y participativa, constituyendo así el derecho a la privacidad un bien jurídico fundamental para la existencia misma del sistema democrático.

Monetary remedies for breach of confidence in privacy cases

Legal Studies ◽  
2007 ◽  
Vol 27 (3) ◽  
pp. 430-464 ◽  
Author(s):  
Normann Witzleb
Keyword(s):  
Human Rights ◽  
Private Information ◽  
European Convention ◽  
Property Law ◽  
The Right To Privacy ◽  
House Of Lords ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Privacy Breaches ◽  
The Right

In Campbell v MGN Ltd, the House of Lords endorsed an expansive interpretation of the breach of confidence action to protect privacy interests. The scope and content of this transformed cause of action have already been subject to considerable judicial consideration and academic discussion. This paper focuses on the remedial consequences of privacy breaches. It undertakes an analysis of the principles which govern awards for pecuniary and non-pecuniary loss, the availability of gain-based relief, in particular an account of profits, and exemplary damages.Even in its traditional scope, the monetary remedies for breach of confidence raise complex issues, mainly resulting from the fact that this doctrine draws on multiple jurisdictional sources such as equity, contract and property law. The difficulties of determining the appropriate remedial principles are now compounded by the fact that English law also aims to integrate its obligation to protect the right to privacy under Art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 into the conceptual framework of the breach of confidence action.The analysis provided in this paper supports the contention that not only the scope of the cause of action but also important remedial issues are likely to remain in doubt until the wrong of ‘misuse of private information’ is freed from the constraints of the traditional action for breach of confidence. A separate tort would be able to deal more coherently and comprehensively with all wrongs commonly regarded as privacy breaches.

Sign in / Sign up

Export Citation Format

Share Document