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Privacy right
Privacy right
What is more important, individual rights or public order
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Introduction
Celebrities as public figures publish more information than ordinary people, and at the same time, the public is eager to pry into their private life through the media, but it is easy to clash with each other. Therefore, it is worth discussing whether the law should take celebrities’ privacy as priority or the right to freedom of expression when conflicts happen. This essay illustrates the development and current status of privacy laws in US, UK and China as well as analyses the application in social media. In most of time, the right to privacy and the freedom of expression are opposite but not complementary, and the law should protect the right to freedom of speech with a legitimate expectation, but if not, the right to privacy should be more important.
1. Development of the right to privacy
The right to privacy is familiar to people in the recent one hundred years and public is increasingly interested in the right to privacy due to the progress of print media by the late 19th century (Solove et al. 2006, P9-11). The privacy law derived from the action for breach of confidence, but now the independent law of privacy is used by plenty of people to protect their private life and information (Hanna and Dodd 2012, P307).
The Universal Declaration of Human Rights describes the right to privacy in Article 12 that “no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputatio” (1948) . In 1890, Samuel D. Warren and Louis Brandeis published an article named The Right to Privacy which is regarded as the first implicit declaration of an American right to privacy, and they put forward that privacy is the "right to be let alone"(1890). In ...
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...Names, Likeness, and Personal Histories. Texas Law Review, 51 (4), 637.
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Solove, D. J., Marc R. and Paul M. S., 2006. Privacy, Information, and Technology. Aspen Publishers.
Ssge A.(2013). Google ordered to remove Max Mosley sex party images. Retrieved January 8, 2014, from http://www.reuters.com/article/2013/11/06/france-google-idUSL5N0IR3SL20131106 Shanghai Youth Daily (2008). The publisher of Edison Chen photo scandal was sentenced. Retrieved January 8, 2014, from http://www.cnetnews.com.cn/2008/0725/1012975.shtml William, 1960, Privacy. California Law Review, 48(3), 383-423.
Xinbao Zhang, 1997. Legal protection of privacy. The press.
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Privacy is a complex concept with no universal definition as its meaning changes with society. Invasion of privacy occurs when there is an intrusion upon the reasonable expectation to be left alone. There has been a growing debate about the legitimacy of privacy in public
Privacy postulates the reservation of a private space for the individual, described as the right to be let alone. The concept is founded on the autonomy of the individual. The ability of an individual to make choices lies at the core of the human personality. The Supreme Court protected the right to privacy of prostitute. The autonomy of the individual is associated over matters which can be kept private. These are concerns over which there is a legitimate expectation of privacy. Privacy has both a normative and descriptive function. At a normative level privacy sub-serves those eternal values upon which the guarantees of life, liberty and freedom are founded. At a descriptive level, privacy postulates a bundle of entitlements and interests
Privacy (Pri-va-cy) n.1.the state or condition of being free from being observed or disturbed by other people. Americans fear that technological progress will destroy the concept of privy. The first known use of wiretap was in 1948. It’s no secret that the government watches individuals on a daily bases. According to the constitution, the Fourth Amendment serves to protect the people from unreasonable searches and seizures by the government. Unreasonable is the word that tips the balance On one side is the intrusion on individuals’ Fourth Amendment rights and the other side is legitimate government interests, such as public safety. What we consider reasonable by law, the government might not think so. The word ‘privacy’ seems to be non-existent today in the 21st century; the use and advances of technology have deprived us of our privacy and given the government the authority to wiretap and or intervene in our lives. Our natural rights we’ve strived for since the foundation of this nation are being slashed down left to right when we let the government do as they wish. The government should not be given the authority to intervene without a reasonable cause and or consent of the individual
Privacy does not have a single definition and it is a concept that is not easily defined. Information privacy is an individual's claim to control the terms under which personal information is acquired, disclosed, and used [9]. In the context of privacy, personal information includes any information relating to or traceable to an individual person [ 1]. Privacy can be defined as a fundamental human right; thus, privacy protection which involves the establishment of rules governing the collection and handling of personal data can be seen as a boundary line as how far society can intrude into a person's affairs.
The United States Bill of Rights guarantees its citizens the freedom of expression, but how far does that freedom extend? Does the right to express yourself include the right to observe the expressions of others? According to pro-censorship view holders, it does not. But to those who feel strongly against censorship, the freedom of information, or the “right to know,” should be an absolute right granted to the American public. Censoring material is the responsibility of the individual, not the institution itself, and certainly not the job of a separate institution. Also, the definition of what is censor-worthy is by no means clear.
In the history of privacy laws legal concepts like ownership of real property and contracts originated many years ago now are in law. The right to privacy has now gotten legal recognition and is an evolving area of law.
Privacy is an incredibly elusive concept, partly because no one can agree on what constitutes an invasion of privacy. One famous publication in the 1890 edition of the Harvard Law Review defines privacy as “...the right to be let alone” (Warren). While this suffices for a cursory look at the definition of privacy, a closer look reveals that it is still very vague (the latter portion of the journal reiterates this). Specifically, it does not address breach of privacy, a concept that is still disagreed upon today. There are many different interpretations as to what constitutes an invasion of privacy.
The word “privacy” did not grow up with us throughout history, as it was already a cultural concept by our founding fathers. This term was later solidified in the nineteenth century, when the term “privacy” became a legal lexicon as Louis Brandeis (1890), former Supreme Court justice, wrote in a law review article, that, “privacy was the right to be let alone.” As previously mentioned in the introduction, the Supreme Court is the final authority on all issues between Privacy and Security. We started with the concept of our fore fathers that privacy was an agreed upon concept that became written into our legal vernacular. It is being proven that government access to individual information can intimidate the privacy that is at the very center of the association between the government and the population. The moral in...
The fight for privacy rights are by no means a recent conflict. In fact, there was conflict even back in the days before the revolutionary war. One of the most well-known cases took place in England, ...
As said by Eric Hughes, "Privacy is the power to selectively reveal oneself to the world. " 2 As written by Supreme Court Justice Louis Brandeis in 1928, the right most valued by the American people was "the right to be left alone". " 3 Previously it took a lot of equipment to monitor a person's actions, but now with technology's development and advancement all it requires is a computer. And there are many mediums which can be monitored, such as telephones, email, voice mail, and computers.4 People's rights are protected by many laws, but in private businesses there are few laws protecting an individual's rights.
LeRoux, Yves. "Privacy concerns in the digital world." 03 Oct 2013. Computer Weekly. 24 April 2014 .
As society has progressed, there have been many new innovative and unbelievable developments in almost all aspects of life that have ultimately created an impact. More specifically, advancements in technology have rather had a much larger and intense impact on society as it continues to grow. Technology has allowed for many great and useful applications that has made life much easier and convenient. However, many aspects of technology have given a rise to a number of social and ethical issues, causing numerous debates and concerns. One of the more prominent concerns deals with the issue of privacy rights.
Discuss this statement in the light of the medias recent preoccupation with surveillance and privacy issues. Include government surveillance and social media. For example the young woman who accused Florida state quarterback jameis Winston of rape was identified by football fans on social media and had ugly anonymous things posted about her.
SIRS Issues Researcher. Web. 07 Feb. 2014. Sisto, Joseph. " Do Celebrities Forfeit the Right to Privacy?"
113-117 Human Rights: Politics and Practices. Oxford: Oxford University Press, 2009.