Name Mahmoud Elaradi Date 19/2/2013 0405461 Privacy: A Discussion of Definition and Legal Application For purposes of this brief analysis, this author will consider the identification of “privacy” as defined by James Moor in his article, “Towards A Theory of Privacy in the Information Age”…
As a function of this level of analysis, I hope that one of the prime viewpoints of Moor will be more appropriately explained and analyzed within the context of privacy and the law. Through coming to an understanding of the way that privacy law has grown and developed, the reader/researcher can come to appreciate the rules and regulations that serve to protect what many have come to consider a “fundamental right”. One of the main points that the author makes within his article is seeking to define what he terms “the nature of privacy” (Moor 5). This is a fundamentally important question to ask due to the fact that the term is thrown around with such seeming carelessness within our current world. However, the term privacy itself, as the author notes, is not something that is guaranteed by any of our founding laws that have helped to define the way in which our courts and legal system seeks to interpret law. As the author states, this poses a fundamental problem due to the fact that privacy law has been a unique construct that has basically needed to be defined along the way as needs and issues have come up with relation to it. As the author notes, this issue has been further confused but the fact that technological revolutions have occurred within the past few decades which have served to complicate the means by which the courts and the law engages with the issue of personal privacy and privacy in general. Seeking to understand the way in which this takes place within the constraints of the law and within the cultural understanding of the importance and if possible to even state, “right” to privacy, is a topic of profound importance to any well developed study of privacy and privacy issues. Finally, the author works to define privacy based upon what information is, and should be, considered private, that which can and should be considered public, and that which falls into the more unexplained area that necessarily causes the debate which prompted the writing and publication of this particular piece in question. Similarly, with respect to the response that such a topic caused within the mind of this particular reader, it was one that struck at the very core of privacy law and seeking to engage and answer questions with relation to why privacy law has not been defined to a more appropriate extent than it currently is. Although the author does not go into a great deal of depth upon the topic, there a few take away that I have had with relation to such a question. The first of these is centers upon the fact that the founders of the republic did not see a world in which such a level of privacy concerns would be an issue within the lives of its citizens. Although it is impossible to guess what the true understanding and underlying motives of the early founding fathers might have been, it is reasonable to say based upon the decision making that they exhibited that they placed a high value on the non-interference of government and the private sector into the lives of the citizen. Secondly, more than merely discussing the way that individual firms might act with regards to their potential clients and current customers, a more likely approach that would have existed had the same level of occurrence been ongoing at the time that the laws were being written, would have been for more ...
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