4 Matching Annotations
- Sep 2017
Court repudiated the notion that a person who places documents with a bank would, as a result, forsake an expectation of confidentiality. In the view of the Court, even if the documents cease to be at a place other than in the custody and control of the customer, privacy attaches to persons and not places and hence the protection of privacy is not diluted
2 important observations
recognition of privacy attached to persons and and not places (moving beyond a propertarian view of privacy)
sharing of information does not lead to forsaking a reasonable expectation of privacy. Without reference, repudiation of third party doctrine. privacy not quivalent with secrecy.
Aristotle’s distinction between the public and private realms can be regarded as providing a basis for restricting governmental authority to activities falling within the public realm.
Aristotle's Public v private sphere. Role of government restricted to public sphere. Early conception of a sphere of rights (?) repelling state action
Mill posited that the tyranny of the majority could be reined by the recognition of civil rights such as the individual right to privacy, free speech, assembly and expression
Mill's conception of civil liberties to counter majoritarian actions
If the reason for protecting privacy is the dignity of the individual, the rationale for its existence does not cease merely because the individual has to interact with others in the public arena. The extent to which an individual expects privacy in a public street may be different from that which she expects in the sanctity of the home
'Man is a social animal' is not a valid counter to right to privacy