Reasonable Expectations Of Privacy

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Reasonable Expectations Of Privacy
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Author : Sjaak Nouwt
language : en
Publisher: Cambridge University Press
Release Date : 2005-07-28
Reasonable Expectations Of Privacy written by Sjaak Nouwt and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-07-28 with Computers categories.
Examines the practice, meaning, and legal performance of privacy and data protection in an international perspective.
Reasonable Expectations Of Privacy
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Author : Paul Friedl
language : en
Publisher: Springer Nature
Release Date : 2025-03-05
Reasonable Expectations Of Privacy written by Paul Friedl and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-05 with Law categories.
‘Reasonable expectations of privacy’ have become a cornerstone concept in privacy and data protection legislation worldwide, extending today from US constitutional law to the GDPR, Article 8 ECHR, and various Asian and African data protection frameworks. This book offers a comprehensive analysis of this complex and ambiguous legal concept, addressing the many questions regarding its proper function, interpretation and application. Tracing the notion's evolution from the 1967 Supreme Court ruling in ‘Katz v United States’ to its status as a widespread paradigm of global privacy discourse, the work illuminates the many fallacies that pervade both academic and judicial interpretations. At its core, the book explores and evaluates four distinct models of ‘reasonable expectations,’ analysing their normative foundations and practical implications in depth. In doing so, the book also contributes to broader discussions within privacy and data protection theory, as it identifies and evaluates different strategies for regulating privacy conflicts, such as interest balancing or social norms-based regulation. Finally, the book also makes significant contributions to the scholarship on the EU General Data Protection Regulation (GDPR) and Article 8 ECHR, evaluating how 'reasonable expectations' operate within these contexts from empiric and normative perspectives.
The Oxford Handbook Of Practical Ethics
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Author : Hugh LaFollette
language : en
Publisher: Oxford Handbooks Online
Release Date : 2003-01-09
The Oxford Handbook Of Practical Ethics written by Hugh LaFollette and has been published by Oxford Handbooks Online this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-09 with Law categories.
Each title in this series offers an authoritative and up-to-date survey of research in a particular subject area. Specially commissioned essays from leading figures in the discipline give critical examinations of the progress and direction of debates. The series provides scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences.
A Theory Of Legitimate Expectations For Public Administration
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Author : Alexander Brown
language : en
Publisher: Oxford University Press
Release Date : 2017-11-28
A Theory Of Legitimate Expectations For Public Administration written by Alexander Brown and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-28 with Law categories.
It is an unfortunate but unavoidable feature of even well-ordered democratic societies that governmental administrative agencies often create legitimate expectations (procedural or substantive) on the part of non-governmental agents (individual citizens, groups, businesses, organizations, institutions, and instrumentalities) but find themselves unable to fulfil those expectations for reasons of justice, the public interest, severe financial constraints, and sometimes harsh political realities. How governmental administrative agencies, operating on behalf of society, handle the creation and frustration of legitimate expectations implicates a whole host of values that we have reason to care about, including under non-ideal conditions-not least justice, fairness, autonomy, the rule of law, responsible uses of power, credible commitments, reliance interests, security of expectations, stability, democracy, parliamentary supremacy, and legitimate authority. This book develops a new theory of legitimate expectations for public administration drawing on normative arguments from political and legal theory. Brown begins by offering a new account of the legitimacy of legitimate expectations. He argues that it is the very responsibility of governmental administrative agencies for creating expectations that ought to ground legitimacy, as opposed to the justice or the legitimate authority of those agencies and expectations. He also clarifies some of the main ways in which agencies can be responsible for creating expectations. Moreover, he argues that governmental administrative agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations on the part of non-governmental agents and, if liable, have an obligation to make adequate compensation payments in respect of those losses.
Practices And Principles
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Author : Mark Tunick
language : en
Publisher: Princeton University Press
Release Date : 2021-03-09
Practices And Principles written by Mark Tunick and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-09 with Philosophy categories.
A Japanese woman living in California attempts parent-child suicide, an ancient Japanese custom called "oyako-shinju," in order to rid herself of shame upon learning that her husband has a mistress. She survives, but her two children are drowned in the attempt. Since her attempt was made in accordance with the standards of Japanese culture, should she be tried by the standards and laws of the United States? Are there universally valid moral principles that dictate what is right? Or are moral judgments culturally relative, ultimately dictated by conventions and practices that vary among societies? In Practices and Principles, Mark Tunick takes up the debate between universalists and relativists, and, in political philosophy, between communitarians and liberals, each of which has roots in an earlier debate between Kant and Hegel. Tunick focuses on three case studies: promises, contract law, and the Fourth Amendment issue of privacy. In his analysis, he rejects both uncritical deference to social practice and draconian adherence to principles when making legal and ethical judgments. He argues that we do not always need to choose between abstract principles and social practices. Sometimes we appeal to both; sometimes we need to appeal to shared social norms; and sometimes, where there is no ethical community, we can appeal only to principles. Ultimately, Tunick rejects simplified arguments that force us to choose between either practices or principles, universalism or relativism, and liberalism or communitarianism.
Privacy As Trust
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Author : Ari Ezra Waldman
language : en
Publisher:
Release Date : 2018-03-29
Privacy As Trust written by Ari Ezra Waldman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-29 with Computers categories.
Proposes a new way of thinking about information privacy that leverages law to protect disclosures in contexts of trust.
The Unwanted Gaze
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Author : Jeffrey Rosen
language : en
Publisher: Vintage
Release Date : 2011-04-20
The Unwanted Gaze written by Jeffrey Rosen and has been published by Vintage this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-20 with Political Science categories.
As thinking, writing, and gossip increasingly take place in cyberspace, the part of our life that can be monitored and searched has vastly expanded. E-mail, even after it is deleted, becomes a permanent record that can be resurrected by employers or prosecutors at any point in the future. On the Internet, every website we visit, every store we browse in, every magazine we skim--and the amount of time we skim it--create electronic footprints that can be traced back to us, revealing detailed patterns about our tastes, preferences, and intimate thoughts. In this pathbreaking book, Jeffrey Rosen explores the legal, technological, and cultural changes that have undermined our ability to control how much personal information about ourselves is communicated to others, and he proposes ways of reconstructing some of the zones of privacy that law and technology have been allowed to invade. In the eighteenth century, when the Bill of Rights was drafted, the spectacle of state agents breaking into a citizen's home and rummaging through his or her private diaries was considered the paradigm case of an unconstitutional search and seizure. But during the impeachment of President Bill Clinton, prosecutors were able to subpoena Monica Lewinsky's bookstore receipts and to retrieve unsent love letters from her home computer. And the sense of violation that Monica Lewinsky experienced is not unique. In a world in which everything that Americans read, write, and buy can be recorded and monitored in cyberspace, there is a growing danger that intimate personal information originally disclosed only to our friends and colleagues may be exposed to--and misinterpreted by--a less understanding audience of strangers. Privacy is important, Rosen argues, because it protects us from being judged out of context in a world of short attention spans, a world in which isolated bits of intimate information can be confused with genuine knowledge. Rosen also examines the expansion of sexual-harassment law that has given employers an incentive to monitor our e-mail, Internet browsing habits, and office romances. And he suggests that some forms of offensive speech in the workplace--including the indignities allegedly suffered by Paula Jones and Anita Hill--are better conceived of as invasions of privacy than as examples of sex discrimination. Combining discussions of current events--from Kenneth Starr's tapes to DoubleClick's on-line profiles--with inno-vative legal and cultural analysis, The Unwanted Gaze offers a powerful challenge to Americans to be proactive in the face of new threats to privacy in the twenty-first century.
The Law Of Privacy And The Media
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Author : Michael Tugendhat
language : en
Publisher: Oxford University Press, USA
Release Date : 2006
The Law Of Privacy And The Media written by Michael Tugendhat and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
"A specialist team of barristers from Five Raymond Buildings (the media, entertainment and human rights chambers) have come together to write this timely consideration of the rapidly developing law of privacy in England and Wales. The book considers how the law protects the publication of personal information without undermining the fundamental principle of freedom of expression. Although intended as a practitioners' guide to the law, it includes a consideration of comparative and international jurisprudence, as well as leading academic writings on the subject, in order to elaborate the principles upon which privacy rights are based. These may helpfully guide the development of English law in the years ahead. At the heart of the book is an explanation of existing causes of action which may be used to protect personal privacy and practical advice on defences and remedies that may be available. It is recognized that recent legislation, most notably the Data Protection Act 1998 and the Human Rights Act 1998, has had a significant impact on the law in this area and full consideration is given to their application. A vast range of case law is also analysed, including the House of Lords judgment in Naomi Campbell v MGN Ltd, the European Court of Human Rights judgment in Von Hannover v Germany, and the Court of Appeal judgment in Douglas v Hello!. The Law of Privacy and the Media is essential reading for all those who act for or against the media, as well as all those with a general interest in the subject."--Publisher's website.
Privacy At Risk
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Author : Christopher Slobogin
language : en
Publisher: University of Chicago Press
Release Date : 2008-09-15
Privacy At Risk written by Christopher Slobogin and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-15 with Political Science categories.
Without our consent and often without our knowledge, the government can constantly monitor many of our daily activities, using closed circuit TV, global positioning systems, and a wide array of other sophisticated technologies. With just a few keystrokes, records containing our financial information, phone and e-mail logs, and sometimes even our medical histories can be readily accessed by law enforcement officials. As Christopher Slobogin explains in Privacy at Risk, these intrusive acts of surveillance are subject to very little regulation. Applying the Fourth Amendment’s prohibition on unreasonable searches and seizures, Slobogin argues that courts should prod legislatures into enacting more meaningful protection against government overreaching. In setting forth a comprehensive framework meant to preserve rights guaranteed by the Constitution without compromising the government’s ability to investigate criminal acts, Slobogin offers a balanced regulatory regime that should intrigue everyone concerned about privacy rights in the digital age.
Data Protection And Privacy Volume 14
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Author : Dara Hallinan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-12-16
Data Protection And Privacy Volume 14 written by Dara Hallinan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-16 with Law categories.
This book brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy, data protection and enforcing rights in a changing world. It is one of the results of the 14th annual International Conference on Computers, Privacy and Data Protection (CPDP), which took place online in January 2021. The pandemic has produced deep and ongoing changes in how, when, why, and the media through which, we interact. Many of these changes correspond to new approaches in the collection and use of our data - new in terms of scale, form, and purpose. This raises difficult questions as to which rights we have, and should have, in relation to such novel forms of data processing, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances. The book covers a range of topics, such as: digital sovereignty; art and algorithmic accountability; multistakeholderism in the Brazilian General Data Protection law; expectations of privacy and the European Court of Human Rights; the function of explanations; DPIAs and smart cities; and of course, EU data protection law and the pandemic – including chapters on scientific research and on the EU Digital COVID Certificate framework. This interdisciplinary book has been written at a time when the scale and impact of data processing on society – on individuals as well as on social systems – is becoming ever starker. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.