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.
Physical
Physical privacy could be defined as preventing "intrusions into one's physical space or solitude"
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
- video, as aptly named graphics, or intimate acts, behaviors or body part
- preventing unwelcome searching of one's personal possessions
- preventing unauthorized access to one's home or vehicle
- medical privacy, the right to make fundamental medical decisions without governmental coercion or third party review, most widely applied to questions of contraception
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",. 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.[
Informational
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 one's 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 include 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. Tools used to protect privacy on the internet include encryption tools and anonymizing services like I2P and tor.
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).
Sexual privacy prevents a person from being forced to carry a pregnancy to term and enables individuals to acquire and use contraceptives and safe sex supplies and information without community or legal review
Political privacy has been a concern since voting systems emerged in ancient times. The secret ballotdemocracy, 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. is the simplest and most widespread measure to ensure that political views are not known to anyone other than the original voter — it is nearly universal in modern
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 or declares certain information to be classified, or a corporation might attempt to protect trade secrets.
Privacy protection
Free market versus consumer protection approaches
Approaches to privacy can, broadly, be divided into two categories: free market, and consumer protection. In a free market approach, commercial entities are largely allowed to do what they wish, with the expectation that consumers will choose to do business with corporations that respect their privacy to a desired degree. If some companies are not sufficiently respectful of privacy, they will lose market share. Such an approach may be limited by lack of competition in a market, by enterprises not offering privacy options favorable to the user, or by lack of information about actual privacy practices. Claims of privacy protection made by companies may be difficult for consumers to verify, except when they have already been violated.
In a consumer protection approach, in contrast, it is acknowledged that individuals may not have the time or knowledge to make informed choices, or may not have reasonable alternatives available. In support of this view, Jensen and Potts showed that most privacy policies are above the reading level of the average person .Therefore, this approach advocates greater government definition and enforcement of privacy standards.
Privacy law
Privacy law is the area of law concerning the protecting and preserving of privacy rights of individuals. While there is no universally accepted privacy law among all countries, some organizations promote certain concepts be enforced by individual countries. For example, the Universal Declaration of Human Rights, 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
For Europe, Article 8 of the European Convention on Human Rights guarantees the right to respect for private and family life, one's home and correspondence. The European Court of Human Rights in Strasbourg has developed a large body of jurisprudence defining this fundamental right to privacy.[citation needed] 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 the United Kingdom, it is not possible to bring an action for invasion of privacy. An action may be brought under another tort (usually breach of confidence) and privacy must then be considered under EC law. In the UK, it is sometimes a defense that disclosure of private information was in the public interest.[24]
Concerning privacy laws of the United States, 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). In the United States, the right of freedom of speech granted in the First Amendment has limited the effects of lawsuits for breach of privacy. Privacy is regulated in the U.S. by the Privacy Act of 1974, and various state laws.
Canadian privacy law is governed federally by multiple acts, including the Canadian Charter of Rights and Freedoms, and the Privacy Act (Canada). Mostly this legislation concerns privacy infringement by government organizations. Data privacy was first addressed with the Personal Information Protection and Electronic Documents Act, and provincial-level legislation also exists to account for more specific cases personal privacy protection against commercial organizations.
In Australia there is the Privacy Act 1988.
