PHIL 338 - A Right to Privacy (Handout 10)

Liberty

A freedom that does not entail a corresponding duty from others to protect or refrain from infringing upon that freedom.

Claim-right

A type of right that corresponds to a duty from another party; A has a claim-right against B when B has a duty to act in a specified way towards A.

Positive right

A right that arises when others, such as the state, have a duty to perform specific actions for the benefit of an individual.

Negative right

A right that arises when others have a duty of non-interference, meaning they must refrain from acting against an individual's freedom.

Privilege-right

A right for A to do action X where A has no duty not to do some action X; these are effectively liberties.

Power-right

A right that gives A the ability to alter her own rights or the rights of others.

Human rights

Rights attributed to individuals purely by virtue of being human.

Civil rights

Rights granted to individuals within a society.

Legal rights

Rights that individuals have because they fall under a specific legal jurisdiction.

Informational privacy

Privacy that concerns personal information and is a prominent subject in contemporary privacy debates.

Decisional privacy

Privacy concerning an individual's actions and decisions rather than their personal information.

Warren and Brandeis

Lawyers who wrote 'The Right to Privacy', advocating for the recognition of privacy as a legal right.

'Right to be let alone'

A famous definition of informational privacy established by Warren and Brandeis.

Unreasonable search and seizure

Legal protection against government intrusion, ensuring individuals' privacy interests are maintained.

Data privacy regulations

Laws developed to protect personal information, particularly in context of technology and surveillance.

Inviolate personality

A principle related to the right to privacy, signifying the inviolability of an individual's personal identity.

What is the difference between rights and liberties according to the lecture?

Rights entail corresponding duties from others (either to perform an action or not interfere), while liberties are simply freedoms (without such duties).

What are claim-rights?

Claim-rights are rights that correspond to duties; A has a claim-right against B to do action X iff B has a duty to A to do X.

What distinguishes positive rights from negative rights?

Positive rights arise from duties to perform certain actions (e.g., right to healthcare), while negative rights arise from duties of non-interference (e.g., right to free speech).

What are privilege-rights?

Privilege-rights are rights A has to do action X if A has no duty not to do X, effectively representing liberties.

What is a power-right?

A power-right occurs when A has the ability to alter her own rights or the rights of others.

How are rights commonly classified by their sources?

Rights can be classified as human rights (because we are human), civil rights (within society), legal rights (under a jurisdiction), and moral rights (because we are moral agents).

What is informational privacy?

Informational privacy concerns personal information, though the exact definition of 'personal information' is often unclear.

What is decisional privacy?

Decisional privacy refers to the right to make certain decisions for oneself without interference, such as in the context of abortion rights in Roe v. Wade.

How does privacy function differently in criminal law versus civil law?

In criminal law, privacy protects against unreasonable search and seizure, while in civil law, it relates to the use and distribution of personal information.

What did Warren and Brandeis argue in 'The Right to Privacy'?

They argued that US law tacitly recognizes a right to privacy, primarily defining it as a 'right to be let alone' and grounding it in the concept of 'inviolate personality'.

What is a key distinction made by Warren and Brandeis about privacy versus property protections?

A right to privacy is not captured fully by property protections, since publication of true but personal information can violate privacy without defamation.