Privilege, power, and the perversion of privacy protection

Book chapter


Jones, M. 2019. Privilege, power, and the perversion of privacy protection. in: Weaver, R., Reichel, J. and Friedland, S. (ed.) Comparative Perspectives on Privacy in an Internet Era Durham, North Carolina Carolina Academic Press.
Chapter titlePrivilege, power, and the perversion of privacy protection
AuthorsJones, M.
Abstract

This essay examines the tension between individual privacy and the societal need for protection against terrorists, as well as the tradeoffs that societies contemplate in order to protect themselves. It is noted that privacy protections run the risk of becoming a tool of the powerful, analogous to the (alleged) abuse of pre-reform libel laws. The nature of modern life has led to a de facto surrender of privacy rights. Indeed, quoting from the famous Warren and Brandeis article, it is arguable that a “true understanding of life lived fully in a modern state reveals that the average person is almost never ‘left alone.’ The effects of legislation such as the GDPR are examined to illustrate the point. Finally, while we acknowledge that, when privacy interests are weighed against security interests, the balance will usually favor security, it is questionable whether it can be proven that giving up more privacy rights would necessarily improve the security situation.

Research GroupLaw and Politics
Book titleComparative Perspectives on Privacy in an Internet Era
EditorsWeaver, R., Reichel, J. and Friedland, S.
PublisherCarolina Academic Press
Place of publicationDurham, North Carolina
SeriesGlobal Papers Series
ISBN
Hardcover9781531009571
Publication dates
Print01 Feb 2019
Publication process dates
Deposited05 Oct 2018
AcceptedSep 2018
Output statusPublished
Web address (URL)https://cap-press.com/books/isbn/9781531009571/
LanguageEnglish
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