The Right to Privacy
Jody Blanke, ProfessorComputer Information
Systems and Law
Right to Privacy Origins in 1890 article by Samuel
Warren and Louis Brandeis First state to recognize right in civil
case Georgia – 1905
U.S. Constitution Does not contain the word “privacy” 1965 case held that “zones of
privacy” emanate from the “penumbras” of the 1st, 3rd, 4th, 5th and 9th Amendments
1967 case held that an electronic listening device violated the 4th Amendment
U.S. Constitution (cont.) 1968 case introduced the notion of the
“reasonable” expectation of privacy rule
1977 case identified two “privacy” interests: the interest in avoiding disclosure of
personal matters, and the interest in independence in making
certain kinds of important decisions
State Constitutions Ten state constitutions contain the
word “privacy” Ala., Ariz., Calif., Fla., Haw., Ill., La.,
Mont., S.C., Wash. Many provide for a right greater
than that protected by the U.S. Constitution
Invasion of Privacy Tort Intrusion upon seclusion Publication of embarrassing private
facts False light Appropriation of name or likeness
Privacy and the Web Self regulation “Opt-in” vs. “opt-out” European Union Directive
Safe Harbor agreement Privacy policies
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