by Library of Congress, Congressional Research Service in [Washington, D.C.] .
Written in English
|Statement||by Donna C. Parratt, Legislative Attorney|
|Series||Major studies and issue briefs of the Congressional Research Service -- 1976-78, reel 1, fr. 0535|
|Contributions||Library of Congress. Congressional Research Service|
|The Physical Object|
|Number of Pages||28|
RIGHT OF PRIVACY AND RIGHTS OF THE PERSONALITY A COMPARATIVE SURVEY Working paper prepared for the Nordic on privacy organized by the International Commission of Jurists, Stockholm May BY STIG STRÜMHOLM STOCKHOLM P. . The book explores core concepts, rights and values in (upcoming) data protection regulation and their (in)adequacy in view of developments such as Big and Open Data, including the right to be forgotten, metadata, and anonymity. Discussion on privacy issues is as old as mankind. Starting with the protection of one’s body and home, it soon evolved in the direction of controlling one’s personal information. In , the American lawyers Samuel Warren and Louis Brandeis described the right to privacy in a famous article: it is the right to be let alone. They obviously relate both to the possibilities for very considerable enjoyment of privacy by the bulk of people living in affluent societies brought about by twentieth-century affluence, and to the development of very efficient methods of thoroughly and systematically invading this newly found privacy.
It also asserted that privacy is not explicitly mentioned as a right in the Indian Constitution. The increasing number of petitions coerced the Supreme Court to decide on this highly contested issue. Hence a separate nine-judge constitutional bench was formed. This constitutional bench on 24 th August overturned the previous decisions of the. In , the Court unanimously concluded that the right of privacy protected an individual's right to possess and view pornography (including pornography that might be the basis for a criminal prosecution against its manufacturer or distributor) in his own home. It discusses the development of the common law torts, Fourth Amendment law, the constitutional right to information privacy, numerous federal statutes pertaining to privacy, electronic surveillance laws. Philosophy of Right to Privacy In the s, Samuel Warren and Louis Brandeis developed the concept of privacy; they identified the ‘injury to the feelings’ and recognized it as a legal injury [ 17] and through invasions upon his privacy, subjected him to mental pain and distress [ 18].
The comprehensive go-to website on the right of publicity. Site provides breaking news, expert commentary, and state survey on the right of publicity from the nation’s leading expert. The government argues that right to privacy is not expressly included in the Constitution as the founding fathers rejected or jettisoned the idea of inclusion of privacy as a fundamental right. the privacy of the people was forged into the Bill of Rights in the Third, Fourth, and Fifth Amendments. The Third Amendment pro-tects the privacy of the home by preventing the government from re-quiring soldiers to reside in people’s houses: “No Soldier shall, in time of peace be quartered in any house, without the consent of the. Across the Atlantic, the right to privacy was developing in a similar fashion, as an outgrowth of property rights. The Third, Fourth, Fifth, and Fourteenth Amendments to the United States Constitution all protected people and their property against government intrusions. In protecting property, these Amendments also protected privacy.