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Types of privacy (Solove, Understanding Privacy)

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Presentation on theme: "Types of privacy (Solove, Understanding Privacy)"— Presentation transcript:

1 Types of privacy (Solove, Understanding Privacy)
“The right to be let alone” Limited access to the self (ability to shield oneself from unwanted access by others) Secrecy (concealment of certain matters from others) Control over personal information Personhood (protection of one’s personality, individuality, and dignity) Intimacy (control over one’s intimate aspects of life)

2 Broad categories of Theories Tavani, “Philosophical Theories of Privacy”
Non-intrusion Seclusion Limitation Control

3 Two different approaches
Rights-based (intrinsic) Privacy as a human right Absolutist approach Interest-based (instrumental) Privacy as one of many interests Balance of interests approach

4 The importance of venue
Private realm Home What else? Public realm Work

5 Expectations Reasonable expectations of privacy?
Fourth amendment Culturally defined expectations Changing over time?

6 Some definitions of privacy
“Privacy is a concept related to solitude, secrecy, and autonomy, but it is not synonymous with these terms; for beyond the purely descriptive aspects of privacy as isolation from company, the curiosity, and the influence of others, privacy implies a normative element: the right to exclusive control of access to private realms The right to privacy asserts the sacredness of the person; Any invasion of privacy constitutes an offense against the rights of the personality—against individuality, dignity, and freedom.” (Arnold Simmel)

7 “The extent to which we are known to others, the extent to which others have physical access to us, and the extent to which we are the subject of others’ attention.” (Ruth Gavison) “A degree of inaccessibility of persons, of their mental states, and of information about them to the senses and surveillance devices of others.” (Anita Allen) “The claim of individuals, groups, or institutions, to determine for themselves when, how, and to what extent information about them is communicated to others.” (Allen Westin)

8 [T]he word ‘privacy’ seems to embrace at least two distinct interests
[T]he word ‘privacy’ seems to embrace at least two distinct interests. One is the interest in being left alone—the interest that is invaded by the unwanted telephone solicitation, the noisy sound truck, the music in elevators, being jostled in the street, or even an obscene theater billboard or shouted obscenity The other privacy interest, concealment of information, is invaded whenever private information is obtained against the wishes of the person to whom the information pertains. Judge Richard Posner

9 “[T]he individual is not accountable to society for his actions, in so far as these concern the interests of no person but himself. … [F]or such actions as are prejudicial to the interests of others, the individual is accountable, and may be subjected either to social or to legal punishments, if society is of opinion that the one or the other is requisite for its protection.” John Stuart Mill, On Liberty

10 “Without privacy there is no individuality. There are only types
“Without privacy there is no individuality. There are only types. Who can know what he thinks and feels if he never has the opportunity to be alone with his thoughts and feelings.” (Leontine Young)

11 “Privacy is essential to maintaining a free society
“Privacy is essential to maintaining a free society. It is fundamental to the democratic notion of self-determination or autonomy—of retaining control over our lives. It is at the heart of the concept that the individual is not the instrument of the state or, it needs underlining, the marketplace, but the reverse.” (Bruce Phillips)

12 The anti-privacy view Amitai Etzioni—collective interests should prevail Anita Allne-Castellito--accountability

13 In or out? Opt-in Opt-out Which is a stronger privacy protection?
You don’t get my information unless I say you can have it Opt-out You can have my information unless I say you can’t have it Which is a stronger privacy protection?


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