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THE LEGAL LIMITS TO PRIVACY (IMPLICATIONS TO THE LEGAL LIMITS TO PRIVACY…
THE LEGAL LIMITS TO PRIVACY
DEFINITION
PRIVACY:
The right to be let alone (Warren & Brandeis)
PRIVACY: The right to be let alone (Warren & Brandeis); it is different when placed in a legal setting
LAW: Instrument of social change,& not just a reflection of values; dynamic and not static; human right; have limits
LEGAL: Mandated by Law
LIMITS: Restrictions and jurisdiction of a topic
IMPLICATIONS TO THE LEGAL LIMITS TO PRIVACY
PHILOSOPHICAL IMPLICATIONS
ETHICS
PRIVILEGED COMMUNICATION:
It is legally confidential to disclose information about those with privileged communication due to its unethical nature
Researches should violate the safety and privacy of the respondents
LOGIC
The law is built on logic
AESTHETICS
Copyright laws on artworks and poetry
Trademark laws on branding
Inviolate personality found within the works of artists can be violated
If they don't share the artwork, the part of their personality is not for the public
SOCIAL IMPLICATIONS
The law SHOULD promote social change
Public Interes
Secrecy
Anonymity
Solitude
IMPLICATIONS TO OTHER LAWS
Reinforces other laws
Information taken through the violation of the right to privacy can be used for malicious acts such as theft, murder, etc.
Supplements the protection that other laws cannot provide
Copyright laws: rather than dealing with the publication and replication of private property, it deals with the inviolate personality found within the works of art
Unlike Slander and Libel it does not need proof of damage
LEGAL LIMITS
TORT
The violation to the right to privacy is a civil violation
SLANDER AND LIBEL
The violations to the right to privacy does not require proof of damage unlike slander and libel
NATURE OF PRIVACY
Deals with the publication of materials
It does not account for things shared orally
Does not account for people reading private documents, but without sharing or publishing the document
the publishing of the documents imply a motive for damage