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