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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