5 Matching Annotations
  1. Sep 2017
    1. that there is a statutory regime by virtue of which the right to privacyis adequately protected and hence it is not necessary to read a constitutional right to privacy into the fundamental rights. This submission is sought to be fortified by contending that privacy is merely a common law right and the statutory protection is a reflection of that position

      A statutory and common law right to privacy negates the need for a constitutional right

    2. privacy should be protected only when access to information would reduce its value such as when a student is allowed access to a letter of recommendation for admission, rendering such a letter less reliable. According to Posner, privacy when manifested as control over information about oneself, is utilised to mislead or manipulate others

      Economic critique of privacy - posner

    3. Judith Jarvis Thomson,in an article published in 1975, noted that while there is little agreement on the content of privacy, ultimately privacy is a cluster of rights which overlap with property rights or the right to bodily security. In her view, the right to privacy is derivative in the sense that a privacy violation is better understood as violation of a more basic right

      Reductionist critique of privacy - JJ Thomson used by respondents to support the argument that privacy itself is not a right, but privacy violations may lead to other violations.