The Two Western Cultures of Privacy: Dignity versus Liberty

Abstract

There are of course other approaches, and in particular more skeptical ones, such as those offered by some feminists.

Trust in the Balance: Data Protection Laws as Tools for Privacy and Security in the Cloud

“…The very conception of privacy is largely dependent upon context; according to Whitman, our conceptions of privacy result from our "juridified intuitions-intuitions that reflect our knowledge of, and commitment to, the basic legal values of our culture" ( [16], p. 1160). The American Black's Law Dictionary defines privacy as nothing less than "the right to personal autonomy" [17].…”

“…The French 'intimité' is actually equivalent to 'intimacy' in English and has little to do with the American concept of 'privacy' or 'information privacy'" [18]. Unlike those of North America, European courts have voided property rights acquired through perfectly legal means to others' private images and information on the basis that their publication could harm the dignity of the person who originally consented to the use of his/her private information: "One's privacy, like other aspects of one's honor, [is] not a market commodity that could simply be definitively sold" ( [16], p. 1176). The "juridified intuitions" underlying European understandings of privacy cannot abide human dignity as a commodity.…”

“…. ] the right to freedom from intrusions by the state" ( [16], p. 1160). Thus, both Canadian and American privacy laws tend to focus on the freedom to control access to one's private life, and especially on the category of private information generally considered "personally identifiable information" (PII).…”

“…It is an approach by which one can consent to the loss of privacy, and wherein the need for privacy is often explicitly counterbalanced by the need to use PII for any of a myriad of purposes. The European concept of privacy, by comparison, views it "as an aspect of dignity" ( [16], p. 1160). Indeed, "there is no such word [as privacy] in French, even though the French are highly private and very much concerned about the protection of their personal information.…”

The Role of Sidis V. F-R Publishing Co. Case in the Formation of Right to Be Forgotten

“…So, the principal public interest test concerning a public personage's private life ever decided in United States common law 153 and employed by the US Court of Appeals of the 2 nd Circuit goes as follows:…”