Law of Privacy

College
Essay
Miscellaneous
Pages 7 (1757 words)
Download 0
Few torts have developed as diverse offspring as the invasion f the right f privacy. Seventy years after Warren and Brandeis, William Prosser sought to bring order to the "'haystack in a hurricane'" that privacy law had arguably become. Prosser identified four distinct torts: intrusion upon seclusion or solitude, public disclosure f private facts, false light in the public eye, and appropriation ("exploitation f attributes f the plaintiff's identity")…

Introduction

They did not identify a new tort, but rather a new right that ought to be protected by tort law. That new right in turn was derived from an old right, perhaps a natural right, namely the right to be let alone. In light f these origins, it would have been surprising if the tort protection given to privacy remained confined within the narrow bounds f public disclosure. The very theory f torts upon which privacy was based implied its fluidity.
I have sought in the preceding sections to show how Warren and Brandeis viewed tort law as the law defining and protecting rights, and how this view was at odds with other conceptions f tort law that emerged at the end f the nineteenth century and eventually prevailed. Holmes's defendant-based instrumentalist vision provided the conceptual foundation f tort law well into the twentieth century. Strict liability largely gave way to negligence, even in such bastions f rights-based thinking as property. The common law, and most particularly the law f torts, became the domain f reasonableness rather than rights. Intentional torts, once the focus f torts, receded to near irrelevance. ...
Download paper
Not exactly what you need?

Related papers

Privacy in Cyber Space
However, the internet has also been of significant advantage to us in many ways. Where many of its services have benefited us in numerous ways, the email has had a significant character, besides other uses, in the commerce and trade sector. Email has proved to be the information and communication "Backbone" in most of the organizations (ColdSpark, 2007). It has been successfully used to facilitate…
Employment Law (Testing & Privacy Rights)
They could be covered by state laws affecting who may or may not be tested.…
Employee privacy rights
Many employees stealing from companies send the purloined data to their personal e-mail21 percent burned the information onto CDs." Due to these technological security issues, employers feel the need and have the capability to monitor their employees. E-mails, voice mails, the Internet, telephones, and computers can be use for unregulated monitoring. Employees say this is an invasion of their…
Privacy and Digital Investigations
Therefore, upon the detection of suspicious computer incidents, the organization immediately launches a forensics/digital investigation which is fully compliant with a policy which has been jointly drawn up by both the legal and the IT departments. This report will begin with a brief overview of privacy considerations, following which it will describe the organization's policy and highlight both…
Employee Privacy in the Workplace Essay
In order to better understand the actual situation of employee privacy in the workplace, and the situations which surround this matter, several key points and factors in particular must be thoroughly taken into consideration.…
Law of Privacy
They did not identify a new tort, but rather a new right that ought to be protected by tort law. That new right in turn was derived from an old right, perhaps a natural right, namely the right to be let alone. In light f these origins, it would have been surprising if the tort protection given to privacy remained confined within the narrow bounds f public disclosure. The very theory f torts upon…
Customer Information Privacy
It is indisputable that no confidential information concerning the customers and their buying behavior should be disclosed to other businesses either for consideration or otherwise. The CNET News reports that companies like Boo.com, Toysmart and CraftShop.com have tried to sell their customers' data (phone number, home address and credit card number) to other business entities (Sandoval, 2000).…