The Right to Privacy Jody Blanke, Professor Computer Information Systems and Law.

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Presentation transcript:

The Right to Privacy Jody Blanke, Professor Computer 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 1 st, 3 rd, 4 th, 5 th and 9 th Amendments 1967 case held that an electronic listening device violated the 4 th 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 Toysmart