Protecting Information Through Criminal Law
Chapter 4b: The content model: information privacy
Personal information and its protection are at the heart of the third part of the content model, an area rooted in the concept of privacy. The core of the right to privacy lies in individuals’ ability to create a buffer between themselves and their environment. “Privacy” is also a complex abstract term, broad and elusive, that depends on culture, location and context. It is possible to examine it from various angles and present it as defending a variety of values, but it may not be possible to define it unequivocally. At one end of the spectrum of opinions are scholars who have despaired of trying to organize and delimit the concept. Some have reached the conclusion that research of the topic is in “hopeless disarray” and that the endeavor is “ultimately futile.” Some scholars identify a solid intuitive basis for privacy. At the other end are researchers who attempt to organize and classify the abundance of opinions in the judicial literature regarding the essence of the concept, its various aspects and objectives. One of them organizes the areas of privacy under six subheadings: (a) the right to be alone; (b) limited access to the self; (c) secrecy; (d) control of personal information; (e) personhood; and (f) intimacy.
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