Democracy, Difference, and the Right of Privacy

2021 ◽  
pp. 187-217
Author(s):  
JEAN L. COHEN
1989 ◽  
Vol 15 (2-3) ◽  
pp. 227-233 ◽  
Author(s):  
Paul Benjamin Linton

In Roe v. Wade, the Supreme Court held that “[the] right of privacy … founded in the Fourteenth Amendment's concept of personal liberty … is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.” The Court acknowledged that “[t]he Constitution does not explicitly mention any right of privacy.” Nevertheless, the Court held that a “right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.” However, “only personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty,’ … are included in this guarantee of personal privacy.”


Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant

The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.


Author(s):  
Scott Flinn ◽  
Scott Buffett

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.


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