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Reasonable Expectations of Privacy?

Reasonable Expectations of Privacy?
Author: Sjaak Nouwt
Publisher: Cambridge University Press
Total Pages: 392
Release: 2005-07-28
Genre: Computers
ISBN: 9789067041980

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In 1967, Justice John Marshall Harlan introduced the litmus test of ‘a reasonable expectation of privacy’ in his concurring opinion in the US Supreme Court case of Katz v. United States. Privacy, regulations to protect privacy, and data protection have been legal and social issues in many Western countries for a number of decades. However, recent measures to combat terrorism, to fight crime, and to increase security, together with the growing social acceptance of privacy-invasive technologies can be considered a serious threat to the fundamental right to privacy. What is the purport of ‘reasonable expectations of privacy’? Reasonable expectations of privacy and the reality of data protection is the title of a research project being carried out by TILT, the Tilburg Institute for Law, Technology, and Society at Tilburg University, The Netherlands. The project is aimed at developing an international research network of privacy experts (professionals, academics, policymakers) and to carry out research on the practice, meaning, and legal performance of privacy and data protection in an international perspective. Part of the research project was to analyse the concept of privacy and the reality of data protection in case law, with video surveillance and workplace privacy as two focal points. The eleven country reports regarding case law on video surveillance and workplace privacy are the core of the present book. The conclusions drawn by the editors are intended to trigger and stimulate an international debate on the use and possible drawbacks of the ‘reasonable expectations of privacy’ concept. The editors are all affiliated to TILT – Tilburg Institute for Law, Technology, and Society, Tilburg University, The Netherlands. This is Volume 7 in the Information Technology and Law (IT&Law) Series


Reasonable Expectations of Privacy?

Reasonable Expectations of Privacy?
Author: Sjaak Nouwt
Publisher: T.M.C. Asser Press
Total Pages: 0
Release: 2005
Genre: Law
ISBN: 9789067045896

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In 1967, Justice John Marshall Harlan introduced the litmus test of ‘a reasonable expectation of privacy’ in his concurring opinion in the US Supreme Court case of Katz v. United States. Privacy, regulations to protect privacy, and data protection have been legal and social issues in many Western countries for a number of decades. However, recent measures to combat terrorism, to fight crime, and to increase security, together with the growing social acceptance of privacy-invasive technologies can be considered a serious threat to the fundamental right to privacy. What is the purport of ‘reasonable expectations of privacy’? Reasonable expectations of privacy and the reality of data protection is the title of a research project being carried out by TILT, the Tilburg Institute for Law, Technology, and Society at Tilburg University, The Netherlands. The project is aimed at developing an international research network of privacy experts (professionals, academics, policymakers) and to carry out research on the practice, meaning, and legal performance of privacy and data protection in an international perspective. Part of the research project was to analyse the concept of privacy and the reality of data protection in case law, with video surveillance and workplace privacy as two focal points. The eleven country reports regarding case law on video surveillance and workplace privacy are the core of the present book. The conclusions drawn by the editors are intended to trigger and stimulate an international debate on the use and possible drawbacks of the ‘reasonable expectations of privacy’ concept. The editors are all affiliated to TILT – Tilburg Institute for Law, Technology, and Society, Tilburg University, The Netherlands. This is Volume 7 in the Information Technology and Law (IT&Law) Series


Comparative Defamation and Privacy Law

Comparative Defamation and Privacy Law
Author: Andrew T. Kenyon
Publisher: Cambridge University Press
Total Pages: 399
Release: 2016-04-21
Genre: Law
ISBN: 110712364X

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Leading experts from common law jurisdictions examine defamation and privacy, two major and interrelated issues for law and media.


Harvard Law School Thesis

Harvard Law School Thesis
Author: Shaun B. Spencer
Publisher:
Total Pages: 78
Release: 2001
Genre: Data protection
ISBN:

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Quantifying Katz

Quantifying Katz
Author: Weston J. Morrow
Publisher:
Total Pages: 372
Release: 2010
Genre: Privacy, Right of
ISBN: 9781124550138

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Abstract: In 1967, Katz v. United States ruled that the protections of the Fourth Amendment's Search and Seizure Clause apply only when an individual's subjective expectation of privacy is objectively reasonable. In criminal cases, judges determine this without the benefit of data that could inform the judiciary about how society conceptualizes privacy which, in turn, would provide an empirical basis for deeming an expectation of privacy "objectively reasonable." The present study provides such data by " asking participants to rate on a Likert scale the degree of privacy they thought should be accorded to various areas under situations drawn from the fact-patterns of leading Fourth Amendment cases. The socio-legal and public policy implications of the results are explored.


The Fourth Amendment Third-Party Doctrine

The Fourth Amendment Third-Party Doctrine
Author: Richard Thompson II
Publisher: CreateSpace
Total Pages: 30
Release: 2014-10-31
Genre:
ISBN: 9781503009066

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In the 1970s, the Supreme Court handed down Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20th century. In these cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties. This legal proposition, known as the third-party doctrine, permits the government access to, as a matter of Fourth Amendment law, a vast amount of information about individuals, such as the websites they visit; who they have emailed; the phone numbers they dial; and their utility, banking, and education records, just to name a few. Questions have been raised whether this doctrine is still viable in light of the major technological and social changes over the past several decades.


How Can Teens Be Reasonable? Reasonable Expectations of Privacy in the Digital Age

How Can Teens Be Reasonable? Reasonable Expectations of Privacy in the Digital Age
Author: Lori A. Hoetger
Publisher:
Total Pages: 0
Release: 2018
Genre: Internet and teenagers
ISBN: 9780438385283

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The results of the current study can be valuable in understanding how expectations of privacy change over time. As we move our lives increasingly online, the Fourth Amendment must also evolve to continue to protect privacy interests.


The Right to Privacy

The Right to Privacy
Author: Louis Dembitz Brandeis
Publisher: Good Press
Total Pages: 43
Release: 2023-09-17
Genre: Law
ISBN:

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At the heart of 'The Right to Privacy' lies an exploration of the increasingly blurred line between the private and the public, a theme that resonates as much today as at its inception. This collection, curated with a keen eye for diversity in perspective and style, traverses the complex landscape of privacy rights in the modern world. The anthology stands out for its rigorous examination of the legal, ethical, and societal dimensions of privacy, weaving together landmark cases, pivotal essays, and critical analyses to offer a multifaceted view of privacy's evolving definition and its implications. The inclusion of foundational works such as the seminal essay by Louis Brandeis and Samuel D. Warren highlights the depth and historical significance of the discourse presented. The editors and contributors, hailing from a broad spectrum of backgrounds in law, ethics, and technology, collectively underscore the anthology's thematic coherence. Their disparate vantage points, rooted in different eras and engaging with varying aspects of privacy, illuminate the rich tapestry of legal thought and ethical considerations. This convergence of historical and contemporary views underlines the collection's alignment with significant cultural and legal shifts, reflecting society's ongoing struggle to balance personal privacy with public interest. 'The Right to Privacy' is indispensable for readers seeking to navigate the intricate and often contentious terrain of privacy rights. It promises an enlightening journey through the kaleidoscope of opinions and analyses, offering valuable insights and fostering a deeper understanding of what it means to protect personal boundaries in an increasingly open world. This anthology is a must-read for anyone invested in the pivotal debates surrounding privacy, beckoning with the allure of a comprehensive and nuanced exploration of one of the most pressing issues of our time.