Privacy Right, the Family and Entertainment

Laje, Alejandro
July 2014
Journal of International Commercial Law & Technology;Jul2014, Vol. 9 Issue 3, p165
Academic Journal
Argentine and American courts have a similar understanding of privacy and Privacy Right. However, the theoretical frameworks and actual rulings in both countries differ in their perspectives and foundations. We provide here a comparative mapping of key conceptual elements of Privacy Right as addressed by the courts of both legal traditions, focusing on family issues. What makes the legal protection of privacy inappropriate, as argued here, is the conceptual framework of Privacy Right. When exploring the causes of this inadequacy, it is found that a largely unconscious process -- whereby privacy is frequently associated with other concepts, feelings and actions, such as integrity, autonomy, identity and data protection--, turns Privacy Right into a conflicted right. Notwithstanding, privacy is considered to be the backbone of Western societies and, in many ways, the actual democratic standing of a nation depends upon the way it is protected. The conflicting status of privacy is particularly clear in the field of Family Law, where a strict conceptualization of privacy is required in order to assure compatibility between the proper functions of the family members and State regulations.While civil tradition seeks the norms that will best address the protection of privacy, common-law tradition struggles to find cases that will provide the background for its adequate protection. Based on civil and constitutional law analysis, we are contending here that privacy can be clearly and properly addressed by establishing a legal standard that will consider illegal to use a person's privacy as entertainment without consent. It is also argued here that a clear conceptualization of Privacy Right will allow for the establishment of legitimate limits in State regulation of the family. The worth of considering privacy as opposed to an object of curiosity, contempt and entertainment is that a clear conceptualization can be drawn allowing an unconditioned protection of privacy, stripped of all other philosophical, political and even social considerations.


Related Articles

  • Privacy Rights and Abortion Outing: A Proposal for Using Common-Law Torts To Protect Abortion Patients and Staff. Clapman, Alice // Yale Law Journal;Apr2003, Vol. 112 Issue 6, p1545 

    Examines the possibility of using common-law privacy rights to cover gaps left by other forms of legal protection for abortion in the U.S.. Discussion on various privacy interests at stake in the debate over abortion outing; Conflicting interests of anti-abortion protestors; Explanation on...

  • Shaping a privacy remedy from the action formerly described as breach of confidence. Gibbons, Thomas // Communications Law: Journal of Computer, Media & Telecommunicati;2005, Vol. 10 Issue 2, p39 

    The article presents information on the creation of a common law regarding right to privacy in Great Britain. The court has confirmed the relevance of underlying principles based on the personality concerns of individuals rather than commercial or property rights. It has also started to develop...

  • Recipe for a new tort? Common law right to privacy in Ontario. Crowne, Emir Aly // Journal of Intellectual Property Law & Practice;Feb2012, Vol. 7 Issue 2, p91 

    Following an appeal from the Superior Court of Justice, the Ontario Court of Appeal must decide whether a common law right to privacy exists in Ontario, following the denial of the existence of such a tort by the lower court.

  • SOCIAL MEDIA AND THE JOB MARKET: HOW TO RECONCILE APPLICANT PRIVACY WITH EMPLOYER NEEDS. Baumhart, Peter B. // University of Michigan Journal of Law Reform;Winter2015, Vol. 48 Issue 2, p503 

    In the modern technological age, social media allows us to communicate vast amounts of personal information to countless people instantaneously. This information is valuable to more than just our "friends" and "followers," however. Prospective employers can use this personal data to inform...

  • Liberating Malawi's Administrative Justice Jurisprudence from Its Common Law Shackles. Chirwa, Danwood Mzikenge // Journal of African Law;04/01/2011, Vol. 55 Issue 1, p105 

    The 1994 Malawian Constitution is unique in that it, among other things, recognizes administrative justice as a fundamental right and articulates the notion of constitutional supremacy. This right and the idea of constitutional supremacy have important implications for Malawi's administrative...

  • Privacy Exemption for Banks Draws Fire. Blackwell, Rob // American Banker;10/27/2000, Vol. 165 Issue 207, p20 

    Cites a provision in a proposed spending bill in the United States that under many circumstances would ban the sale of Social Security numbers. Privacy advocates' opposition to the proposed exemption of many businesses that wish to share the numbers with affiliates or sell them to other companies.

  • NEW ZEALAND'S NEW PRIVACY TORT IN COMPARATIVE PERSPECTIVE. HUNT, CHRIS DL // Oxford University Commonwealth Law Journal;Sep2013, Vol. 13 Issue 1, p157 

    The article focuses on privacy intrusion tort in New Zealand and discusses the High Court of New Zealand case C v. Holland which was regarding intrusion into a person's private affairs and spaces. It describes the new law in New Zealand, which penalizes unauthorized publication of private...


    The article discusses how a balance between judicial and administrative enforcement of law can be created in the U.S. with regard to privacy and describes the privacy torts at common law in the U.S. It reflects that the enforcement authority should be distributed between the U.S. courts and the...

  • PARALLEL JUSTICE: CREATING CAUSES OF ACTION FOR MANDATORY MEDIATION. Failinger, Marie A. // University of Michigan Journal of Law Reform;Winter2013, Vol. 47 Issue 2, p359 

    The American common law system should adopt court-connected mandatory mediation as a parallel system of justice for some cases that are currently not justiciable, such as wrongs caused by constitutionally protected behavior. As evidence that such a system is practical, this Article describes...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics