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Privacy Rights

Moral and Legal Foundations

Adam D. Moore

Publication Year: 2010

Published by: Penn State University Press

Front Cover

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Title Page

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Copyright

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Contents

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Acknowledgments

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pp. ix-x

Much of the work on Chapters 2 through 4 of this manuscript was completed while I was a fellow at the Social Philosophy and Policy Center ,Bowling Green State University, in the summer of 2002. A shortened version of Chapter 4, ‘‘Justifying Privacy Rights to Bodies and Locations,’’ was presented at the fellows summer colloquia series. I would like to thank Fred...

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1. Introduction

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pp. 1-10

Individuals have privacy rights. We each have the right to control access to our bodies, to specific places, and to personal information. Beyond controlling access, individuals should, in large part, also determine how their own personal information is used. While control over access to bodies and places appears to be on firm ground, informational privacy is everywhere...

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2. Defining Privacy

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pp. 11-32

Privacy is a difficult notion to define in part because rituals of association and disassociation are culturally relative. For example, opening a door without knocking might be considered a serious privacy violation in one culture and yet permitted in another. Definitions of privacy can be couched in descriptive or normative terms—we can view privacy as a mere...

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3. The Value of Privacy

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pp. 33-56

It is commonly assumed that privacy is morally valuable. As James Whitman notes, ‘‘The typical privacy article rests its case precisely on an appeal to its reader’s intuitions and anxieties about the evils of privacy violations.’’1 Another common strategy is to derive the value of privacy from some other set of moral principles or commitments, such as autonomy or liberal...

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4. Justifying Privacy Rights to Bodies and Locations

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pp. 57-80

One of our most cherished rights, a right enshrined in law and notions of common morality, is the right of individuals to control access to bodies,places, and locations. Violations of this basic right are seen as some of the most serious of injustices. If the results of Chapter 3 are compelling, then we can say with some certainty that privacy rights are valuable for beings...

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5. Providing for Informational Privacy Rights

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pp. 81-98

The introduction and advancement of what has become known as ‘‘information technologies’’ has dramatically changed our abilities to control personal information. Bits of information stored in analog form in various locations have now been digitized and, in many cases, linked to ever-expanding information networks. Individual profiles related to purchasing...

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6. Strengthening Legal Privacy Rights

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pp. 99-132

It has been argued that individuals have locational privacy rights as well as rights to control personal information. These rights or moral claims, however, are not absolute. A theory that generated exceptionless moral rights that could never be justifiably overridden is as absurd as the view that such rights should be tossed aside for mere incremental gains in social utility. In...

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7. Privacy, Speech, and the Law

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pp. 133-152

If we assume that individuals have moral rights to free speech, and that privacy may restrict such expression, then there appears to be a conflict of rights—a conflict where speech or expression may trump privacy concerns.For example, when a musician offers up a song about a romantic affair for public consumption, privacy rights may run headlong into speech and...

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8. Drug Testing and Privacy in the Workplace

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pp. 153-174

Being required, as a condition for continued employment, to submit a urine sample might strike many as a mild privacy intrusion—a necessary evil to be endured as part of one’s work life. Being watched while providing such a sample may seem more intrusive—but again, necessary because of the numerous ways to defeat such a test. Consent to such surveillance is a...

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9. Evaluating Free Access Arguments: Privacy, Intellectual Property, and Hacking

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pp. 175-188

Those who have grown up with digital technology—the so-called digital natives—have some novel views about information flow and access.1 Along with freely sharing copyrighted material and in spite of the security risks,these individuals are willing to provide vast amounts of personal informtion on various social networking sites.2 Much of this information is mined...

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10. Privacy, Security, and Public Accountability

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pp. 189-215

In times of national crisis citizens are often asked to trade liberty and privacy for security. And why not, it is argued, if we can obtain a fair amount of security for just a little privacy. The surveillance that enhances security need not be overly intrusive or life altering. It is not as if government agents need to physically search each and every suspect or those connected to a...

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pp. 216-224

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Further Readings

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pp. 225-233

Index

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pp. 234-237

Back Cover

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E-ISBN-13: 9780271053509
E-ISBN-10: 027105350x
Print-ISBN-13: 9780271036861
Print-ISBN-10: 0271036869

Page Count: 248
Illustrations: 3 tables
Publication Year: 2010