Privacy
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For the application of privacy within the Wikipedia community, see
Wikipedia:Privacy policy.
Privacy is the ability of an individual or group to seclude themselves or
information about themselves and thereby reveal themselves selectively. The
boundaries and content of what is considered private differ among cultures and
individuals, but share basic common themes. Privacy is sometimes related to
anonymity, the wish to remain unnoticed or unidentified in the public realm.
When something is private to a person, it usually means there is something
within them that is considered inherently special or personally sensitive. The
degree to which private information is exposed therefore depends on how the
public will receive this information, which differs between places and over
time. Privacy can be seen as an aspect of security — one in which trade-offs
between the interests of one group and another can become particularly clear.
The right against unsanctioned invasion of privacy by the government,
corporations or individuals is part of many countries' privacy laws, and in some
cases, constitutions. Almost all countries have laws which in some way limit
privacy; an example of this would be law concerning taxation, which normally
require the sharing of information about personal income or earnings. In some
countries individual privacy may conflict with freedom of speech laws and some
laws may require public disclosure of information which would be considered
private in other countries and cultures.
Privacy may be voluntarily sacrificed, normally in exchange for perceived
benefits and very often with specific dangers and losses, although this is a
very strategic view of human relationships. Academics who are economists,
evolutionary theorists, and research psychologists describe revealing privacy as
a 'voluntary sacrifice', where sweepstakes or competitions are involved. In the
business world, a person may give personal details (often for advertising
purposes) in order to enter a gamble of winning a prize. Information which is
voluntarily shared and is later stolen or misused can lead to identity theft.
Types of privacy
The term "privacy" means many things in different contexts. Different people,
cultures, and nations have a wide variety of expectations about how much privacy
a person is entitled to or what constitutes an invasion of privacy.
[edit] Physical
Physical privacy could be defined as preventing "intrusions into one's physical
space or solitude"[1] This would include such concerns as:
preventing intimate acts or one's body from being seen by others for the purpose
of modesty; apart from being dressed this can be achieved by walls, fences,
privacy screens, cathedral glass, partitions between urinals, by being far away
from others, on a bed by a bed sheet or a blanket, when changing clothes by a
towel, etc.; to what extent these measures also prevent acts being heard varies
preventing unwelcome searching of one's personal possessions
preventing unauthorized access to one's home or vehicle
An example of the legal basis for the right to physical privacy would be the US
Fourth Amendment, which guarantees "the right of the people to be secure in
their persons, houses, papers, and effects, against unreasonable searches and
seizures",[2]. Most countries have laws regarding trespassing and property
rights also determine the right of physical privacy.
Physical privacy may be a matter of cultural sensitivity, personal dignity, or
shyness. There may also be concerns about safety, if for example one has
concerns about being the victim of crime or stalking.[3]
[edit] Informational
Main article: Information privacy
Data privacy refers to the evolving relationship between technology and the
legal right to, or public expectation of privacy in the collection and sharing
of data about ones self. Privacy concerns exist wherever uniquely identifiable
data relating to a person or persons are collected and stored, in digital form
or otherwise. In some cases these concerns refer to how data is collected,
stored, and associated. In other cases the issue is who is given access to
information. Other issues includes whether an individual has any ownership
rights to data about them, and/or the right to view, verify, and challenge that
information.
Various types of personal information often come under privacy concerns. For
various reasons, individuals may not wish for personal information such as their
religion, sexual orientation, political affiliations, or personal activities to
be revealed. This may be to avoid discrimination, personal embarrassment, or
damage to one's professional reputation.
Financial privacy, in which information about a person's financial transactions
is guarded, is important for the avoidance of fraud or identity theft.
Information about a person's purchases can also reveal a great deal about that
person's history, such as places they have visited, whom they have had contact
with, products they use, their activities and habits, or medications they have
used.
Internet privacy is the ability to control what information one reveals about
oneself over the Internet, and to control who can access that information. These
concerns include whether email can be stored or read by third parties without
consent, or whether third parties can track the web sites someone has visited.
Another concern is whether web sites which are visited collect, store, and
possibly share personally identifiable information about users.
Medical privacy allows a person to keep their medical records from being
revealed to others. This may be because they have concern that it might affect
their insurance coverage or employment. Or it may be because they would not wish
for others to know about medical or psychological conditions or treatment which
would be embarrassing. Revealing medical data could also reveal other details
about one's personal life (such as about one's sexual activity for example).
Political privacy has been a concern since voting systems emerged in ancient
times. The secret ballot is the simplest and most widespread measure to ensure
that political views are not known to anyone other than the voter themself--it
is nearly universal in modern democracy, and considered a basic right of
citizenship. In fact even where other rights of privacy do not exist, this type
of privacy very often does.
[edit] Organizational
Governments agencies, corporations, and other organizations may desire to keep
their activities or secrets from being revealed to other organizations or
individuals. Such organizations may implement various security practices in
order to prevent this. Organizations may seek legal protection for their
secrets. For example, a government administration may be able to invoke
executive privilege[4] or declares certain information to be classified, or a
corporation might attempt to protect trade secrets.[5]
[edit] History of privacy
[edit] Privacy and technology
Please help improve this section by expanding it
with: information from the Stanford Encyclopedia of Philosophy.
Further information might be found on the talk page or at requests for
expansion.
[edit] Philosophy of privacy
Please help improve this section by expanding it
with: information from the Stanford Encyclopedia of Philosophy ("Views on the
Meaning and Value of Privacy", "Critiques of Privacy").
Further information might be found on the talk page or at requests for
expansion.
[edit] Privacy law
Main article: Privacy law
The Universal Declaration of Human Rights, in article 12, states:
No one shall be subjected to arbitrary interference with his privacy, family,
home or correspondence, nor to attacks upon his honor and reputation. Everyone
has the right to the protection of the law against such interference or attacks.
Privacy International, a British human rights group, prepares yearly rankings of
privacy protection by country.[6]
Privacy is not guaranteed per se by the Constitution of the United States. The
Supreme Court of the United States has found that other guarantees have
"penumbras" that implicitly grant a right to privacy against government
intrusion, for example in Griswold v. Connecticut (1965). Privacy is regulated
in the U.S. by the Privacy Act of 1974, and various state laws.
The European Union requires all member states to legislate to ensure that
citizens have a right to privacy, through directives such as the 1995 Directive
95/46/EC on the protection of personal data. It is regulated in the United
Kingdom by the Data Protection Act 1998 and in France data protection is also
monitored by the CNIL, a governmental body which must authorize legislation
concerning privacy before them being enacted. In Australia there is the Privacy
Act 1988.
If the privacy of an individual is breached, the individual may bring a lawsuit
asking for monetary damages. However, in the United Kingdom, it is not possible
to bring an action for privacy. An action may be brought under another tort and
privacy must then be considered under EC law. Some recent cases involving
celebrities such as David Beckham, have resulted in defeat as the information
has been determined in the courts to be in the public interest.[7] In the United
States, the right of freedom of speech granted in the First Amendment have
limited the effects of lawsuits for breach of privacy.
In the United States, Federal law regulating communications carriers prohibits
the disclosure of customer phone records.[8] Breaches of this law in the private
sector were found to be common, with sales of call detail information becoming
the subject of Congressional inquiry. More recently, it has been revealed that
the United States National Security Agency has been warehousing the call detail
information of billions of individual phone calls for pattern analysis. Whether
this was done in violation of law or through powers granted by Congress as part
of the broader "War on Terrorism" is the subject of debate.