Unpopular Privacy
What Must We Hide?
1st Edition
Published on 17. October 2011
978-0-19-991318-3 (ISBN)
Description
Can the government stick us with privacy we don't want? It can, it does, and according to Anita L. Allen, it may need to do more of it. Privacy is a foundational good, Allen argues, a necessary tool in the liberty-lover's kit for a successful life. A nation committed to personal freedom must be prepared to mandate privacy protections for its people, whether they eagerly embrace them or not. This unique book draws attention to privacies of seclusion, concealment, confidentiality and data-protection undervalued by their intended beneficiaries and targets--and outlines the best reasons for imposing them. Allen looks at laws designed to keep website operators from collecting personal information, laws that force strippers to wear thongs, and the myriad employee and professional confidentiality rules--including insider trading laws--that require strict silence about matters whose disclosure could earn us small fortunes. She shows that such laws recognize the extraordinary importance of dignity, trust and reputation, helping to preserve social, economic and political options throughout a lifetime.
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Book
11/2011
Oxford University Press Inc
€99.60
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Person
Anita Allen is Professor of Law and Philosophy, University of Pennsylvania.
Content
Preface
Introduction
Chapter 1: Privacies Not Wanted
1. Everyday Meanings of Privacy
2. Privacy Law
3. Are Paternalistic Privacy Policies Justified?
4. Should there be a Right to Waive Privacy Protection?
5. When and why Impose Unpopular Privacy
6. Feminist Skepticism
7. Libertarian Skepticism
8. The Context
9. Neglected Rights, Forgotten Duties
10. Opportunity Imperative or Experience Imperative?
11. Justification and Practical Limits
12. Constraining State Domination
13. Conclusion
Part I: Physical Privacies--Place and Body
Chapter 2: Isolation and Confinement
1. Solitude
2. Getting Away, Hiding Away
3. Stuck at Home: Flaneur and Hausfrau
4. Sanctuary
5. Interrupted: Do Not Call
6. Put Away: Imprisonment
7. Shut Away: Quarantine
8. Conclusion
Chapter 3: Modesty
1. The Hijab
2. Using Law against Norms, Niqab
3. Modesty, the Analysis
3.1 General Modesty
3.2 Bodily (and Sexual) Modesty
4. Modesty Rights
4.1 Religious Freedom
4.2 Individuality
4.3 Uniformity and Public Service
4.4 A Peculiar Modesty, Bias in US Law
5. Undressing Girls or Addressing Social Problems?
6. Conclusion
Chapter 4: Nudity
1. Barnes Case: Legal Moralism
2. City of Erie Case: Harm Principle
3. Canadian Cases
3.1 Tremblay: Community Tolerance
3.2 Mara: Look, Don't Touch
4. Modesty on the Run
4.1 Conditions of Work
4.2 Mutual Disrespect
5. Conclusion
Part II: Information Privacies
Chapter 5: Confidentiality
1. The Practice of Confidentiality
1.1 Relationships and Occupations
1.2 Documents, Records, Spaces
1.3 Overlapping and Conflicting Directives
2. Law, Coercion and Justice
2.1 Law-making as Practical Compromise
2.2 Sanction and Deterrence
3. The Right to Say What You Know
4. Paid for Silence
5. Flourishing in a Free Society
6. Confidentiality in Context
7. Health Care
7.1 Laws Mandating Health Privacy
7.2 Mental Health
7.3 Waiver
7.4 Exception
8. Conclusion
Chapter 6: Racial Privacy
1. What is "Sensitive Data"?
2. A Missing Jurisprudence
2.1 An Unpopular Referendum
2.2 Recognition in the Courtroom
2.3 Profiling in New Hampshire
2.4 Lessons from Georgia
2.5 Politics and Race in Illinois
2.6 Racial Privacy Outweighed
3. Ambivalence and Paradox
4. Secrets and Sensitivities
5. Persecution
6. Political Liberalism: The Question of Impartiality
7. Private Association and Civil Rights
8. Conclusion
Chapter 7: The Privacy Give-Away
1. The Federal Privacy Statutes
2. Many Statutes, Inadequate Protection
3. Practical Obscurity: A Swam Song After the Web
4. Give Away, Take Away
5. Life Logs
6. Conclusion: Caring About Not Caring About Privacy
Chapter 8: Popular Paternalism
1. Paternalistic Mandates
2. A Job for the Nanny State
3. The Children's Internet Privacy Law
4. Fair Information Practices
5. A Law in Action
6. Why Age 13?
7. Is the Paternalism Justified?
8. Do Young Adults Need Paternalistic Laws, Too?
Afterword
