scholarly journals Le droit à la vie privée des personnes homosexuelles

2005 ◽  
Vol 25 (4) ◽  
pp. 843-872
Author(s):  
Richard A. Goreham
Keyword(s):  
Personal Information ◽  
Common Law ◽  
Legal Protection ◽  
The United States ◽  
Private Life ◽  
Personal Privacy ◽  
Right To Privacy ◽  
Informational Privacy ◽  
Individual Privacy ◽  
The Common

This paper examines the idea of personal privacy and how the law has responded to expectations that it be adequately protected. The legal protection of personal privacy is evaluated in light of the concerns of homosexual persons that information about their sexual orientation remain confidential. Although individual privacy is a notion that can be used to argue for a sphere of individual freedom, in the sense that adult individuals should be free of government restriction on how they express themselves sexually in private, this paper focuses on privacy insofar as it relates to the undesired disclosure of information about a person's private life. This is privacy as secrecy, a concept which is concerned with the degree to which we are prepared to allow people to live their lives free from the intrusive prying of others. Whether the idea of breach of privacy as giving rise to civil responsibility has evolved under tort law is reviewed in the common law of both Canada and the United States. The inadequacy of the common law in protecting a general right to privacy has led to the adoption of a number of provincial statutes which create an invasion of privacy tort, and the importance of these in potentially protecting the privacy of homosexual persons is examined. The recognition of a general right to privacy under the Quebec Civil Code and its reinforcement by provisions in the Quebec Charter of Rights and Freedoms completes the analysis of civil remedies for breach of privacy in Canada. For comparative purposes, the development of the « private facts tort » in the American legal system is explored and commented. Informational privacy as it relates to the collection, storage and use of personal information by governments constitutes the focus of part 3 of this paper. It assesses the dangers inherent in the use and storage of personal information by governments in both Canada and the U.S.A. The recognition of the potential for abuse has resulted in the adoption of Privacy Acts in both countries at the federal level and, with respect to Canada, in the province of Quebec. Such legislation seeks to answer the twin preoccupations of when government institutions are justified in collecting and using personal information and when they are justified in disclosing it. These questions are of considerable importance to homosexual persons and this is emphasized in the analysis. Views on the relationship between privacy and social tolerance are offered in the conclusion to the paper.

Privacy vs. Security

Biometrics ◽  
2017 ◽  
pp. 1562-1574
Author(s):  
Mark Walker
Keyword(s):  
Personal Information ◽  
Human Life ◽  
Private Life ◽  
Personal Privacy ◽  
Privacy And Security ◽  
The Public ◽  
Individual Privacy ◽  
Surveillance Technology ◽  
Develop Technology ◽  
Technological Means

This chapter bridges the dilemma created by intrusive surveillance technologies needed to safeguard people's security and the potential negative consequences such technologies might have on individual privacy. It begins by highlighting recent tensions between concerns for privacy and security. Next, it notes the increasing threat to human life posed by emerging technologies (e.g., genetic engineering and nanotechnology). The chapter then turns to a potential technological means to mitigate some of this threat, namely ubiquitous microscopic sensors. One consequence of the deployment of such technology appears to be an erosion of personal privacy on a scale hitherto unimaginable. It is then argued that many details of an individual's private life are actually irrelevant for security purposes and that it may be possible to develop technology to mask these details in the data gleaned from surveillance devices. Such a development could meet some, perhaps many, of the concerns about privacy. It is also argued that if it is possible to use technology to mask personal information, this may actually promote the goal of security, since it is conjectured that the public is likely to be more willing to accept invasive technology if it is designed to mask such details. Finally, some applications to society's current uses of surveillance technology are drawn. Policy recommendations for surveillance organizations such as the National Security Agency are briefly canvassed.

Privacy vs. Security

2014 ◽  
pp. 245-257
Author(s):  
Mark Walker
Keyword(s):  
Personal Information ◽  
Human Life ◽  
Private Life ◽  
Personal Privacy ◽  
Privacy And Security ◽  
The Public ◽  
Individual Privacy ◽  
Surveillance Technology ◽  
Develop Technology ◽  
Technological Means

This chapter bridges the dilemma created by intrusive surveillance technologies needed to safeguard people's security and the potential negative consequences such technologies might have on individual privacy. It begins by highlighting recent tensions between concerns for privacy and security. Next, it notes the increasing threat to human life posed by emerging technologies (e.g., genetic engineering and nanotechnology). The chapter then turns to a potential technological means to mitigate some of this threat, namely ubiquitous microscopic sensors. One consequence of the deployment of such technology appears to be an erosion of personal privacy on a scale hitherto unimaginable. It is then argued that many details of an individual's private life are actually irrelevant for security purposes and that it may be possible to develop technology to mask these details in the data gleaned from surveillance devices. Such a development could meet some, perhaps many, of the concerns about privacy. It is also argued that if it is possible to use technology to mask personal information, this may actually promote the goal of security, since it is conjectured that the public is likely to be more willing to accept invasive technology if it is designed to mask such details. Finally, some applications to society's current uses of surveillance technology are drawn. Policy recommendations for surveillance organizations such as the National Security Agency are briefly canvassed.

Online Privacy Issues

2009 ◽  
pp. 1086-1092
Author(s):  
Hy Sockel ◽  
Kuanchin Chen ◽  
Louis K. Falk
Keyword(s):  
Personal Information ◽  
The United States ◽  
Personal Privacy ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Essential Components ◽  
Legal Constraints ◽  
The Right ◽  
A Minor ◽  
Privacy Issues

Businesses need to understand privacy conditions and implications to ensure that they are in compliance with legal constraints and do not step on consumers’ rights for privacy. Personal identifiable information (PII) and data can have innate importance to an organization. Some organizations view certain privacy features as essential components of their product or services; for example, profile data is often used to tailor products specifically for their customers’ likes and needs. PII can also be used for less-honorable endeavors such as identity theft, phishing, political sabotage, character annihilation, spamming, and stalking. One of the core issues of privacy is: Who actually owns the data, the holder of the data, or the subject (persons) of the data? The answer depends on many criteria: the users’ perspective, the environment that privacy is addressed, and how the data are collected and used. Privacy issues arise because nearly every activity on the Internet leaves traces somewhere. This audit trail has caused many people to be concerned that this data may be inappropriately used. The paradox is that many businesses are also concerned for a different reason. In this age of legislation and litigation, a “minor” misstep or software glitch could easily put businesses in a position of extreme jeopardy. A data breach at T.J. Maxx that allowed hackers to download over 45 million credit/debit card numbers could literally bankrupt the organization. The damage and fines could easily total more than $4.5 billion; some have the figure as high as $8 billion (Ou, 2007). It is important to state that the governments’ approach to the protection of personal privacy is neither equal nor universal. Some localities extend protection much further than others. In 1972, California amended its constitution to specifically include the construct of “a resident’s inalienable right to privacy.” Within the United States, court decisions dealing with privacy have fairly closely upheld two principles (Freedman, 1987): 1. The right to privacy is NOT an absolute. An individual’s privacy has to be tempered with the needs of society; and 2. The public’s right to know is superior to the individual’s right of privacy. However, some large communities were very slow in becoming involved; Japan did not pass its major protection law (“the Act on the Protection of Personal Information”) to protect consumers and to regulate business until 2005 (Yamazaki, 2005).

Human Extinction and Farsighted Universal Surveillance

2012 ◽  
Vol 3 (4) ◽  
pp. 22-32
Author(s):  
Mark Walker
Keyword(s):  
Personal Information ◽  
Human Life ◽  
Private Life ◽  
Negative Consequences ◽  
Personal Privacy ◽  
The Public ◽  
Individual Privacy ◽  
Surveillance Technology ◽  
Develop Technology ◽  
Technological Means

This paper bridges the dilemma created by intrusive surveillance technologies needed to safeguard people’s security, and the potential negative consequences such technologies might have on individual privacy. The author begins with a brief review of the increasing threat to human life posed by emerging technologies, e.g., genetic engineering and nanotechnology. Next, they canvass a potential technological means to mitigate some of this threat, namely, ubiquitous microscopic sensors. The author then notes that a consequence of the deployment of such technology appears to be an erosion of personal privacy on a scale hitherto unimaginable. It is then argued that many details of an individual’s private life are actually irrelevant for security purposes, and that it may be possible to develop technology to mask these details in the data gleaned from surveillance devices. Such a development could meet some, perhaps many, of the concerns about privacy. It is also argued that if it is possible to use technology to mask personal information this may actually promote the goal of security, since it is conjectured that the public is likely to be more willing to accept such invasive technology if it is designed to mask such details. Finally, some applications to Society’s current uses of surveillance technology are drawn.

Rights in Data and Information

2017 ◽  
Author(s):  
Huw Beverley-Smith
Keyword(s):  
Property Rights ◽  
Common Law ◽  
Legal Protection ◽  
The European Union ◽  
Informational Privacy ◽  
Market Participants ◽  
Data Exclusivity ◽  
The Common ◽  
Theoretical Issues ◽  
Factual Data

This Chapter examines intellectual property rights in data and information in the European Union and major common law systems. It outlines the principal forms of legal protection or compilations of data and analyzes the competing doctrinal and economic bases for rights in information. The practical legal, economic, and theoretical issues in granting property rights to collections of factual data in major legal systems are examined in the context of European harmonization efforts. The chapter further examines the protection of data and information under the laws of confidentiality and trade secrets, and informational privacy under the common law and statutory data protection laws. Finally, the chapter outlines the scope of data exclusivity rights in respect of pharmaceuticals and the challenges in accommodating the conflicting interests of market participants in data driven economies.

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

Law and Lawyers in the United States: The Common Law under Stress

1967 ◽  
Vol 80 (4) ◽  
pp. 916
Author(s):  
Lord Denning ◽  
Erwin N. Griswold
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
The Common

scholarly journals Internet privacy in Canada: a public interest perspective

2021 ◽  
Author(s):  
Julie Gustavel
Keyword(s):  
Personal Information ◽  
Online Environment ◽  
Informational Privacy ◽  
Online Data ◽  
Policy Makers ◽  
Privacy Concerns ◽  
Record Keeping ◽  
Internet Privacy ◽  
Legislative Action ◽  
Individual Privacy

Issues about informational privacy have emerged in tandem with the escalating increase in nformation stored in electronic formats. Data protection is a pressing issue not only because files of personal information are being kept in greater detail and for longer periods of time, but also because the data can be retrieved and compared or matched without delay, regardless of geography. While defenders of information technology cite efficiency and safety among the countervailing benefits, concerns from an increasingly tech-savvy public have introduced a sense of urgency to demand tough legislation. Although many studies have provided evidence of online privacy concerns, few have explored the nature of the concern in detail, especially in terms of government policy for our new online environment. Bill C-6, Canada's recent legislative action, has provided a practical basis from which to appraise governments' role in privacy protection. With this in mind, the paper will be divided into two parts. Part one will be undertaken to: (A) evaluate the arguments of critics as well as defenders of contemporary record-keeping practices and the philosophical conceptions of privacy, which underlie them; and, using these themes (B) provide a comprehensive assessment of the effectiveness of Bill C- 6, examining the ways in which policy makers have begun to treat privacy as both a commodity and a secondary adjunct to business activity. Part two of the paper, purposes a series of recommendations or, more specifically, a framework for Bill C-6 that would, more effectively, protect individual privacy from private entities, who collect online data.

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