Plaisance, Ch. 7 “Privacy”

Concepts of privacy The right to be left alone Limited access to the self--the ability to shield oneself from unwanted access by others Secrecy--the concealment of certain matters from others Control of personal information about oneself Personhood--the protection of one’s personality, individuality, and dignity Intimacy--control over one’s intimate relationships or aspects of life

Privacy as a Relatively Recent Concept Classical antiquity (Greece and Rome)--a good citizen was a very public person U.S. founded in part on the desire for privacy of one’s conscience (religious freedom) Limited privacy in homes or public accommodations until mid-20th century –Homes become larger and involve more private space –Gated communities

Privacy as a Legal Concept 1890 Harvard Law Review article by Warren and Brandeis By the 1960’s 4 distinct tort actions in the U.S. –Intrusion –Public disclosure of private facts –False light (erroneous impression/context) –Appropriation of persona for profit

Value of Privacy Self-development Protection from ridicule/scorn Importance of reputation Protection of private space from intrusion Shield against the power of government

Special Problem Areas Right to know; need to know; want to know –Cyberspace –Medical history –Sexual orientation –Victims of sexual offense –Juvenile offenders –Death/suicide –Secret cameras –Accidents and personal tragedies –Data bases

Case Study Arthur Ashe

Moral Guidelines Respect for persons Social utility Justice--”what one deserves” Minimization of harm

More Case Studies Elizabeth Edwards –“Resilience” Farrah Fawcett –“Farrah’s Story” (MSNBC)