The Right to Anonymity in Political Activities

2015 ◽  
pp. 1676-1694
Author(s):  
Knut Fournier
Keyword(s):  
The United States ◽  
Political Rights ◽  
Right To Privacy ◽  
Political Activities ◽  
Political Consequences ◽  
The Public ◽  
The Right To Privacy ◽  
Recent Developments ◽  
The Right ◽  
Political Value

The complexity of the right to privacy is particularly striking when the issues at stake are, ultimately, other political rights and freedoms such as the right to free speech and the right of association. The surveillance of individuals and groups by the state has strong political consequences: the surveillance of political activities re-defines what the private sphere is, and displaces its limits, in a context in which more information is becoming available to the public. Multiple recent developments, exemplified by the role of the right to privacy in movies, exacerbated the tensions between Europe and the United States over the notion of privacy. The future EU data protection laws will create a right to be forgotten, whose political value is still unknown.

The Right to Anonymity in Political Activities

2013 ◽  
pp. 202-220
Author(s):  
Knut Fournier
Keyword(s):  
The United States ◽  
Political Rights ◽  
Right To Privacy ◽  
Political Activities ◽  
Political Consequences ◽  
The Public ◽  
The Right To Privacy ◽  
Recent Developments ◽  
The Right ◽  
Political Value

The complexity of the right to privacy is particularly striking when the issues at stake are, ultimately, other political rights and freedoms such as the right to free speech and the right of association. The surveillance of individuals and groups by the state has strong political consequences: the surveillance of political activities re-defines what the private sphere is, and displaces its limits, in a context in which more information is becoming available to the public. Multiple recent developments, exemplified by the role of the right to privacy in movies, exacerbated the tensions between Europe and the United States over the notion of privacy. The future EU data protection laws will create a right to be forgotten, whose political value is still unknown.

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.

scholarly journals Data protection rules in the united states legal system

2020 ◽  
pp. 481-484
Author(s):  
Araz Poladov
Keyword(s):  
United States ◽  
Legal System ◽  
Data Protection ◽  
Data Privacy ◽  
Practical Importance ◽  
Personal Data ◽  
The United States ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

Purpose of research: define the general characteristics of the protection of personal data; analysis of legislation and case law.Methods of research: analysis and study of regulatory documents containing provisions on protection of personal data.Results: normative and practical importance of personal data protection provisions in various legal acts has been underscored.The right to privacy strengthened its position in the United States in the late 19th century and is now recognized by most States.Although the right to privacy in the United States was originally a British political legacy, judicial decisions in England were more conservativeand cautious than those of U.S. courts. One of the important features of this law in the Anglo-Saxon legal system is that itwas previously formed by judicial precedents and legal doctrine. Also, the right to privacy was not among the rights provided for in theBill of Rights. In general, there is an industry-wide approach to data privacy in the United States. There is no specific federal law thatwould guarantee the confidentiality and protection of personal data. Instead, legislation at the federal level is dispersed and aims to protectdata in certain sectors. Judicial practice and court decisions taken at different times play an important role in regulating personaldata protection in the United States. It is also worth mentioning that until the 1970s, decisions of the U.S. courts did not provide thenecessary privacy protection safeguards.Discussion: offering a comprehensive and detailed study and use of this practice in other states.

WHEN DOES PUBLIC INTEREST JUSTIFY GOVERNMENT INTERFERENCE AND SURVEILLANCE?

2014 ◽  
Vol 15 (1-2) ◽  
pp. 203-218
Author(s):  
Leah Angela Robis
Keyword(s):  
International Law ◽  
Public Interest ◽  
District Court ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Us ◽  
Recent Developments ◽  
Government Interference ◽  
The Right ◽  
Societal Attitude

This article examines the 16 December 2013 opinion of the US District Court for the District of Columbia in Klayman v Obama which intimated that the objective of the PRISM project, that is, the collection of metadata, violates the right to privacy. It assesses whether this opinion finds support in US federal laws, international law and the municipal laws of Hong Kong by surveying recent developments in balancing the conflict between public interest and the right to privacy. Societal attitude towards privacy is likewise accorded weight. The article concludes with the observation that while a handful of municipal legislation contains public interest exceptions to the right to privacy, there is an increasing clamour in international law to protect such right.

scholarly journals How is Political Privacy Different from Personal Privacy? An Argument from Democratic Governance

Diametros ◽  
2021 ◽  
pp. 1-14
Author(s):  
Aleksandra Samonek
Keyword(s):  
Rule Of Law ◽  
Democratic Governance ◽  
The Political ◽  
Personal Privacy ◽  
Right To Privacy ◽  
The Rule Of Law ◽  
The Right To Privacy ◽  
The Government ◽  
The Right ◽  
Political Value

In this paper I discuss the political value of the right to privacy. The classical accounts of privacy do not differentiate between privacy as the right of a citizen against other citizens vs. the right to privacy as the right against the state or the government. I shall argue that this distinction should be made, since the new context of the privacy debate has surpassed the historical frames in which the intelligence methods used by governments were comparable to those available to individuals. I also present cases in which political privacy serves as an instrument of protecting important collective agendas exceeding the context of personal privacy. I argue that due to its function, political privacy should be considered a necessary element of democratic governance with the rule of law, imposing legal bounds on governments’ discretionary actions.

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