- Sep 2017
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supremecourtofindia.nic.in supremecourtofindia.nic.in
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Anita Allen
Anita Allen
- spatial
- informational
- decisional
- reputational
- associational
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Roger Clarke
Clarke's maslow pyramid classification
- bodily privacy
- spatial privacy
- privacy of communication
- privacy of personal data
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Alan Westin
Westin's four states of privacy - solitude, intimacy, anonymity, reservation
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dangers of privacy when it is used to cover up physical harm done to women by perpetrating their subjection.
Feminist critique of privacy
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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
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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.
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rights which individuals while making a social compact to create a government, reserve to themselves, are natural rights because they originate in a condition of nature and survive the social compact
Patterson on natural rights surviving the social contract
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The idea that individuals can have rights against the State that are prior to rights created by explicit legislation has been developed as part of a liberal theory of law propounded by Ronald Dworkin
Rights predating the recognition through explicit legislation (Dworkin)
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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
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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
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traced the recognition of an inviolable zone to an inalienable right to property. Property is construed in the broadest sense to include tangibles and intangibles and ultimately to control over one’s conscience itself
Madison's propertarian view of privacy
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in reality not the principle of private property, but that of an inviolate personality
Warren & Brandeis - Early conception that privacy rests not in places, but in persons
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