Privacy Revisited

A Global Perspective on the Right to Be Left Alone

Häftad, Engelska, 2018

AvRonald J. Krotoszynski, Jr.,University of Alabama School of Law) Krotoszynski, Jr., Ronald J. (John S. Stone Chair, Director of Faculty Research, and Professor of Law, John S. Stone Chair, Director of Faculty Research, and Professor of Law,Jr. Krotoszynski, Ronald J.,Jr. Ronald J. Krotoszynski

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Rapid technological change, the advent of Big Data, and the creation of society-wide government surveillance programs have transformed the accessibility of highly personal information; these developments have highlighted the ambiguous treatment of privacy and personal intimacy. National legal systems vouchsafe and define "privacy," and its first cousin "dignity," in different ways that reflect local legal and cultural values. Yet, in an increasingly globalized world, purely local protection of privacy interests may prove insufficient to safeguard effectively fundamental autonomy interests - interests that lie at the core of self-definition, personal autonomy, and freedom. Privacy Revisited articulates the legal meanings of privacy and dignity through the lens of comparative law, and argues that the concept of privacy requires a more systematic approach if it is to be useful in framing and protecting certain fundamental autonomy interests. The book begins by providing relevant, and reasonably detailed, information about both the substantive and procedural protections of privacy/dignity in the U.S., Canada, South Africa, the United Kingdom, and among Council of Europe member states. Second, the book explores the inherent tension between affording significant legal protection to the right of privacy (or human dignity) and securing expressive freedoms, notably including the freedom of speech and of the press. The author then posits that the protection of privacy helps to illuminate some of the underlying social and political values that lead the U.S. to fail to protect privacy as reliably or as comprehensively as other liberal democracies. Finally, the book establishes that although privacy and speech come into conflict with some regularity, it is both useful and necessary to start thinking about the important ways in which both rights are integral to the maintenance of democratic self-government.

Produktinformation

Utgivningsdatum2018-06-07
Mått155 x 231 x 22 mm
Vikt431 g
FormatHäftad
SpråkEngelska
Antal sidor314
FörlagOUP USA
ISBN9780190876913

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Ronald J. Krotoszynski, Jr. is the John S. Stone Chair, Director of Faculty Research, and Professor of Law at the University of Alabama School of Law. He clerked for the Honorable Frank M. Johnson, Jr., of the United States Court of Appeals for the Eleventh Circuit and was an associate with Covington & Burling. Prior to joining the faculty at the University of Alabama School of Law, Professor Krotoszynski served on the law faculties of Washington and Lee University and the Indiana University McKinney School of Law.

PrefaceAcknowledgmentsChapter 1: IntroductionA Prolegomenon to Privacy: On the Potential Virtues and Benefits of a Comparative Legal Analysis of the "Right To Be Let Alone"Chapter 2: The United StatesThe Polysemy of Privacy: An Analysis of the Many Facesand Facets of the Right of Privacy in the Contemporary United StatesChapter 3: Canada Privacy in Canada: Taming a Notoriously Protean Legal Concept with a Coherent and Purposive ApproachChapter 4: The Republic of South AfricaPrivacy in South Africa: Deploying Dignity, Equality, and Freedom to Safeguard the Process of Democratic Self-GovernmentChapter 5: The United KingdomPrivacy in the United Kingdom: On the Perils and Promise of Weak-Form Judicial Review in Securing Privacy RightsChapter 6: The European Court of Human RightsPrivacy Rights in Europe: Reconciling Privacy and Speech in the Era of Big DataChapter 7: ConclusionBringing Meiklejohn to Privacy: On the Essential Complementarity of Privacy and SpeechIndex

Privacy Revisited is a truly remarkable book. Successfully deploying an analytic approach which is both comparative and contextual is a wonderful achievement in itself, but Krotoszynski does more. He offers a framework for thinking about privacy as a global human right. In so doing, he shows that the way privacy is understood in the United States means that privacy is protected neither 'as reliably or as comprehensively' as it is in other liberal democracies. This argument is bracing and persuasive, and it makes a singularly important contribution to scholarship and public discourse.

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