Privacy Revisited: A Global Perspective on the Right to Be Left Alone

Hardcover | May 16, 2016

byRonald 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 legalsystems 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 autonomyinterests - 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 byproviding 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 affordingsignificant 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 leadthe 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 rightsare integral to the maintenance of democratic self-government.

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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 legalsystems vouchsafe and define "privacy," and ...

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 and Burling. Prior to joining the ...

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Paperback|Mar 1 2009

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Format:HardcoverDimensions:336 pages, 9.21 × 6.1 × 0.1 inPublished:May 16, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199315213

ISBN - 13:9780199315215

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Table of Contents

PrefaceAcknowledgments1. IntroductionA Prolegomenon to Privacy: On the Potential Virtues and Benefits of a Comparative Legal Analysis of the "Right To Be Let Alone"2. The United StatesThe Polysemy of Privacy: An Analysis of the Many Faces and Facets of the Right of Privacy in the Contemporary United States3. CanadaPrivacy in Canada: Taming a Notoriously Protean Legal Concept with a Coherent and Purposive Approach4. The Republic of South AfricaPrivacy in South Africa: Deploying Dignity, Equality, and Freedom to Safeguard the Process of Democratic Self-Government5. The United KingdomPrivacy in the United Kingdom: On the Perils and Promise of Weak-Form Judicial Review in Securing Privacy Rights6. The European Court of Human RightsPrivacy Rights in Europe: Reconciling Privacy and Speech in the Era of Big Data7. ConclusionBringing Meiklejohn to Privacy: On the Essential Complementarity of Privacy and SpeechIndex

Editorial Reviews

"Professor Krotoszynski provides a valuable overview of how several constitutional systems accommodate competing interests in privacy, speech, and democracy. He shows how scholarship in comparative law can help one think about one's own legal system while remaining sensitive to the differentcultural and institutional settings of each nation's law. A very useful contribution." --Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School