Since the famous essay by Warren and Brandeis almost a century ago, the confusion generated by the traditional account of "privacy" continues to obstruct legal protection. This book examines the plausibilty of an alternative analysis that might facilitate a less obscure account of the problems involved and, in consequence, offer a more effective means of resolving them. The essence of the argument is that at the heart of the concern about privacy is the use and misuse of personal information about an individual. In each of the four main areas identified (breach of confidence, the public disclosure of private facts, the collection and computerization of personal data, and the intrusions upon the individual by simple or electronic surveillance) it is argued that, by locating as the core of the problem the protection of "personal information", many of the difficulties that continue to beset this area of the law might be resolved.
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Illustrationen
tables, bibliography, index
ISBN-13
978-0-19-825611-3 (9780198256113)
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Schweitzer Klassifikation
Part 1 "Privacy" and "personal information": the private and the public; defining "privacy"; an alternative approach; "personal information"; the economics of "personal information". Part 2 "Privacy", "personal information" and the law: the American law; the American common law and "personal information"; the English law; "personal information" as "property". Part 3 "Personal information" and breach of confidence: the action for breach of confidence; cases involving "personal information"; breach of confidence and "personal information". Part 4 Measuring the extent of the problem. Part 5 The public disclosure of "personal information": the conventional analysis; the alternative analysis. Part 6 The collection of "personal information": the problems; the remedies; the Data Protection Act 1984. Part 7 "Personal information" and intrusion: spying and electronic surveillance; telephone-tapping; interception of correspondence; searches and other physical intrusions; gathering of information by the news media; exclusion of evidence improperly obtained.
