The Right to Privacy

1
The Right to Privacy

• Jody Blanke, Professor
• Computer Information Systems and Law

2
Right to Privacy

• Origins in 1890 article by Samuel Warren and
  Louis Brandeis
• First state to recognize right in civil case
• Georgia 1905

3
U.S. Constitution

• Does not contain the word privacy
• 1965 case held that zones of privacy emanate
  from the penumbras of the 1st, 3rd, 4th, 5th
  and 9th Amendments
• 1967 case held that an electronic listening
  device violated the 4th Amendment

4
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

5
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

6
Invasion of Privacy Tort

• Intrusion upon seclusion
• Publication of embarrassing private facts
• False light
• Appropriation of name or likeness

7
Privacy and the Web

• Self regulation
• Opt-in vs. opt-out
• European Union Directive
• Safe Harbor agreement
• Privacy policies
• Toysmart