This dissertation identifies and responds to a problem for liberal relational egalitarians. There is a prima facie worry about the compatibility of liberalism and relational egalitarianism, concerning the requirements of equality in informal social life. Liberalism at least involves a commitment to leaving individuals substantial discretion to pursue their own conceptions of the good. Relational equality is best understood as a kind of deliberative practice about social institutions and practices. Patterns of otherwise innocuous social choices (e.g., where to live, whom (...) to befriend or marry) can create emergent, severe differentials in power, status, and influence, and when they do they can threaten relational equality. If relational equality required individuals to subordinate personal choices to egalitarian considerations, it would run into conflict with liberal commitments. In response, I defend the value of accepting an imperfect realization of relational equality. What I call fair relational equality demands that members of society treat some informal social norms and practices as part of the basic structure of society, in need of justification. Three practices are required to meet that demand. First, the relational-egalitarian society must develop institutional strategies to preempt or mitigate tendencies toward emergent inequality as they are identified. Second, members of society must engage in broad social deliberation about the norms and expectations of informal social interaction. Third, they must be willing to reform social practices where doing so does not impinge on important personal projects and values. (shrink)

This paper discusses the idea that the concept of privacy should be understood in terms of control. Three different attempts to spell out this idea will be critically discussed. The conclusion will be that the Source Control View on privacy is the most promising version of the idea that privacy is to be understood in terms of control.

Debates about terrorism and technology often focus on the potential uses of technology by non-state terrorist actors and by states as forms of counterterrorism. Yet, little has been written about how technology shapes how we think about terrorism. In this chapter I argue that technology, and the language we use to talk about technology, constrains and shapes our understanding of the nature, scope, and impact of terrorism, particularly in relation to state terrorism. After exploring the ways in which technology shapes (...) moral thinking, I use two case studies to demonstrate how technology simultaneously hides and enables terroristic forms of state violence: police control technologies and Unmanned Aerial Vehicles (UAVs), or drones. In both these cases, I argue that features of these technologies, combined with a narrative of precision and efficiency, serves to mask the terroristic nature of the violence that these practices inflict and reinforces the moral exclusion of those against whom these technologies are deployed. In conclusion, I propose that identifying acts of terrorism requires a focus on the impact of technologies of violence (whether they are “high tech” or not) on those most affected, regardless of whether users of these technologies conceive of their actions as terroristic. (shrink)

In this paper, we argue that there is at least a pro tanto reason to favor the control account of the right to privacy over the access account of the right to privacy. This conclusion is of interest due to its relevance for contemporary discussions related to surveillance policies. We discuss several ways in which the two accounts of the right to privacy can be improved significantly by making minor adjustments to their respective definitions. We then test the improved versions (...) of the two accounts on a test case, to see which account best explains the violation that occurs in the case. The test turns out in favor of the control account. (shrink)

Mass surveillance is a more real threat now than at any time in history. Digital communications and automated systems allow for the collection and processing of private information at a scale never seen before. Many argue that mass surveillance entails a significant loss of privacy. Others dispute that there is a loss of privacy if the information is only encountered by automated systems.This paper argues that automated mass surveillance does not involve a significant loss of privacy. Through providing a definition (...) of informational privacy as a matter of actual access of private information by one who can understand the meaning of that information, it follows that automated systems which lack understanding cannot of themselves diminish privacy. This is not to say that mass surveillance is unproblematic, though - it is deeply problematic. It is just that privacy is not the most significant of these problems. (shrink)

A standard account of privacy says that it is essentially a kind of control over personal information. Many privacy scholars have argued against this claim by relying on so-called threatened loss cases. In these cases, personal information about an agent is easily available to another person, but not accessed. Critics contend that control accounts have the implausible implication that the privacy of the relevant agent is diminished in threatened loss cases. Recently, threatened loss cases have become important because Edward Snowden’s (...) revelation of how the NSA and GCHQ collected Internet and mobile phone data presents us with a gigantic, real-life threatened loss case. In this paper, I will defend the control account of privacy against the argument that is based on threatened loss cases. I will do so by developing a new version of the control account that implies that the agents’ privacy is not diminished in threatened loss cases. (shrink)

This article addresses four definitions of privacy. Initially, the literal meaning of privacy is mentioned; It then discusses the meaning of the term “privacy” in Ethics. The first meaning is the right to be alone and free. The second meaning of privacy is informational and is divided into two types: one is the definition based on expectation and another is a definition based on the state of awareness. The third type is the definition that defines privacy based on control. In (...) this paper, these definitions are reviewed one by one and the limitations noted by others are expressed and evaluated. The fourth type is a multi-dimensional or clustered definition. According to this definition, we should define privacy on a descriptive rather than a normative basis and avoid using any normative concept in its definition. According to this kind of definition, we can break the concept of privacy into three independent components. These three elements are secrecy, anonymity, and loneliness. Although this definition is not devoid of deficits, it is the most comprehensive one in this article because it refers to more privacy-related features Privacy, the right to loneliness, control, anonymity, secrecy, cluster definition. (shrink)

Traditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the capacity of citizens (...) to freely deliberate in public and therefore conflicts with democratic self-determination. (shrink)

Although popular, control accounts of privacy suffer from various counterexamples. In this article, it is argued that two such counterexamples—while individually resolvable—can be combined to yield a dilemma for control accounts of privacy. Furthermore, it is argued that it is implausible that control accounts of privacy can defend against this dilemma. Thus, it is concluded that we ought not define privacy in terms of control. Lastly, it is argued that since the concept of privacy is the object of the right (...) to privacy if the former cannot be defined in terms of control, neither can the latter. (shrink)

According to most accounts of trust, you can only trust other people (or groups of people). To trust is to think that another has goodwill, or something to that effect. I sketch a different form of trust: the unquestioning attitude. What it is to trust, in this sense, is to settle one’s mind about something, to stop questioning it. To trust is to rely on a resource while suspending deliberation over its reliability. Trust lowers the barrier of monitoring, challenging, checking, (...) and questioning. Trust sets up open pipelines between yourself and parts of the external world. Trust permits external resources to have a similar relationship to one as one’s internal cognitive faculties. This creates efficiency, but at the price of exquisite vulnerability. We must trust in this way because we are cognitively limited beings in a cognitively overwhelming world. Crucially, we can hold the unquestioning attitude towards objects and technologies. When I trust my climbing rope, I stop worrying about its reliability. When I trust my online calendaring system, I simply go to the events indicated, without question. But, one might worry, how could one ever hold such a normatively loaded attitude as trust towards mere objects? How could it ever make sense to feel betrayed by an object? Trust is our engine for expanding and outsourcing our agency — for binding external processes into our practical selves. Thus, we can be betrayed by our smartphones in the same way that we can be betrayed by our memory. When we trust, we try to make something a part of our agency, and we are betrayed when our part lets us down. To unquestioningly trust something is to let it in—to attempt to bring it inside one’s practical functioning. This suggests a new form of gullibility: agential gullibility, which occurs when agents too hastily and carelessly integrate external resources into their own agency. (shrink)

What could ground normative restrictions concerning cultural appropriation which are not grounded by independent considerations such as property rights or harm? We propose that such restrictions can be grounded by considerations of intimacy. Consider the familiar phenomenon of interpersonal intimacy. Certain aspects of personal life and interpersonal relationships are afforded various protections in virtue of being intimate. We argue that an analogous phenomenon exists at the level of large groups. In many cases, members of a group engage in shared practices (...) that contribute to a sense of common identity, such as wearing certain hair or clothing styles or performing a certain style of music. Participation in such practices can generate relations of group intimacy, which can ground certain prerogatives in much the same way that interpersonal intimacy can. One such prerogative is making what we call an appropriation claim. An appropriation claim is a request from a group member that non-members refrain from appropriating a given element of the group’s culture. Ignoring appropriation claims can constitute a breach of intimacy. But, we argue, just as for the prerogatives of interpersonal intimacy, in many cases there is no prior fact of the matter about whether the appropriation of a given cultural practice constitutes a breach of intimacy. It depends on what the group decides together. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

This paper offers a general theory of privacy, a theory that takes privacy to consist in being free from certain kinds of intrusions. On this understanding, privacy interests are distinct and distinguishable from those in solitude, anonymity, and property, for example, or from the fact that others possess, with neither consent nor permission, personal information about oneself. Privacy intrusions have both epistemic and psychological components, and can range in value from relatively trivial considerations to those of profound consequence for an (...) individual’s dignity, integrity, and autonomy. Thus while the focus of this theory is privacy per se— privacy as being free from certain kinds of intrusions—it has significant implications, discussed briefly, for what properly counts as the content of moral or legal rights to privacy. (shrink)

Questions of privacy have become particularly salient in recent years due, in part, to information-gathering initiatives precipitated by the 2001 World Trade Center attacks, increasing power of surveillance and computing technologies, and massive data collection about individuals for commercial purposes. While privacy is not new to the philosophical and legal literature, there is much to say about the nature and value of privacy. My focus here is on the nature of informational privacy. I argue that the predominant accounts of privacy (...) are unsatisfactory and offer an alternative: for a person to have informational privacy is for there to be limits on the particularized judgments that others are able to reasonably make about that person. (shrink)

This paper examines Harold Garfinkel's notion of the natural attitude about sex and his claim that it is fundamentally moral in nature. The author looks beneath the natural attitude in order to explain its peculiar resilience and oppressive force. There she reveals a moral order grounded in the dichotomously sexed bodies so constituted through boundaries governing privacy and decency. In particular, naked bodies are sex-differentiated within a system of genital representation through gender presentation—a system that helps constitute the very boundaries (...) between the public and private. (shrink)

This essay critically analyzes Luciano Floridi’s ontological theory of informational privacy. Organized into two main parts, Part I examines some key foundational components of Floridi’s privacy theory and it considers some of the ways in which his framework purports to be superior to alternative theories of informational privacy. Part II poses two specific challenges for Floridi’s theory of informational privacy, arguing that an adequate privacy theory should be able to: (i) differentiate informational privacy from other kinds of privacy, including psychological (...) privacy; and (ii) distinguish between descriptive and normative aspects of informational privacy in a way that differentiates a (mere) loss of privacy from a violation of privacy. I argue that Floridi’s privacy theory, in its present form, does not explicitly address either challenge. However, I also argue that his ontological theory provides us with a novel way of analyzing the impact that digital technologies have had for informational privacy. I conclude by suggesting that Floridi’s privacy framework can be interpreted as containing the elements of a “personality theory of privacy,” which would be useful to examine in a separate study. (shrink)

In this article, I summarise the ontological theory of informational privacy (an approach based on information ethics) and then discuss four types of interesting challenges confronting any theory of informational privacy: (1) parochial ontologies and non-Western approaches to informational privacy; (2) individualism and the anthropology of informational privacy; (3) the scope and limits of informational privacy; and (4) public, passive and active informational privacy. I argue that the ontological theory of informational privacy can cope with such challenges fairly successfully. In (...) the conclusion, I discuss some of the work that lies ahead. (shrink)

The right to privacy extends only to information through which the persons concerned are identifiable. This assumption is widely shared in law and in philosophical debate; it also guides the handling of personal data, for example, in medicine. However, this essay argues that the dissemination of anonymous information can also constitute a violation of privacy. This conclusion arises from two theses: (1) From the perspective of the affected person, judgments by others about anonymous information refer to its originator, even if (...) outsiders do not know who it is; (2) Our self-understanding is co-constituted by the judgment of others about us. This is a consequence of our social nature. There are certain areas of our lives that we do not want to expose to the gaze of others for our own sake. Therefore, the unauthorized dissemination of information concerning these areas can violate our privacy even if they are anonymous. While the question of the extent of privacy poses a general problem, there are reasons to discuss it in the context of digital medicine. (shrink)

Ambient assisted living technologies are increasingly presented and sold as essential smart additions to daily life and home environments that will radically transform the healthcare and wellness markets of the future. An ethical approach and a thorough understanding of all ethics in surveillance/monitoring architectures are therefore pressing. AAL poses many ethical challenges raising questions that will affect immediate acceptance and long-term usage. Furthermore, ethical issues emerge from social inequalities and their potential exacerbation by AAL, accentuating the existing access gap between (...) high-income countries and low and middle-income countries. Legal aspects mainly refer to the adherence to existing legal frameworks and cover issues related to product safety, data protection, cybersecurity, intellectual property, and access to data by public, private, and government bodies. Successful privacy-friendly AAL applications are needed, as the pressure to bring Internet of Things devices and ones equipped with artificial intelligence quickly to market cannot overlook the fact that the environments in which AAL will operate are mostly private. The social issues focus on the impact of AAL technologies before and after their adoption. Future AAL technologies need to consider all aspects of equality such as gender, race, age and social disadvantages and avoid increasing loneliness and isolation among, e.g. older and frail people. Finally, the current power asymmetries between the target and general populations should not be underestimated nor should the discrepant needs and motivations of the target group and those developing and deploying AAL systems. Whilst AAL technologies provide promising solutions for the health and social care challenges, they are not exempt from ethical, legal and social issues. A set of ELSI guidelines is needed to integrate these factors at the research and development stage. (shrink)

Even though the idea that privacy is some kind of control is often presented as the standard view on privacy, there are powerful objections against it. The aim of this paper is to defend the control account of privacy against some particularly pressing challenges by proposing a new way to understand the relevant kind of control. The main thesis is that privacy should be analyzed in terms of source control, a notion that is adopted from discussions about moral responsibility.

Background Protecting the privacy of research participants is widely recognized as one of the standard ethical requirements for clinical research. It is unknown, however, how research professionals regard concepts of privacy as well as the situations in the research setting that require privacy protections. The aim of this study was to explore the views of research professionals from Arab countries regarding concepts and scope of privacy that occur in clinical research. Methods We adopted an exploratory qualitative approach by the use (...) of focus group discussions. We recruited individuals involved in research from Egypt and Morocco. We analyzed focus group data via a constant comparison approach, which consisted of close reading of the transcribed interviews followed by coding and then determining themes and subthemes. Results Between August 2016 and July 2018, we conducted nine focus group discussions. Respondents discussed several privacy issues that occurred before the research began ; during research, and after the research. Respondents revealed their perspectives of patients towards privacy in the clinical and research settings and mentioned that patients are more likely to permit access to their privacy in the clinical setting compared with research setting due to the existence of benefits and trust in clinical care. Respondents also recommended training regarding data protections for individuals involved in research. Conclusions Our study shows that research professionals discussed a range of privacy issues that are present during the different stages of research. We recommend 1) development of standards regarding privacy protections during recruitment efforts; 2) additional training for individuals involved in research regarding best practices with data security in secondary research; 3) a quantitative study involving investigators and REC members to determine their knowledge, attitudes and practices regarding privacy issues that occur in research; and 4) a quantitative study involving patients to elicit their views regarding their privacy concerns in research. (shrink)

One of the most influential views in privacy scholarship is that privacy protects individual autonomy. On the early liberal view, the exercise of autonomy requires detachment from social and political life and privacy facilitates it. This view of privacy still informs current legal and political practice. As this view of privacy presupposes a tension between privacy and society, it is responsible for the underrating of privacy in legal and political practice. Over the last decades, liberal reflection on autonomy has shifted (...) from the early liberal understanding of autonomy as calling for detachment from social life to the idea of autonomy as socially embedded. This development has brought about a corresponding adjustment in the liberal concept of privacy: privacy has come to be seen as a social rather than merely an individual interest. The social turn in thinking about privacy has gone a long way to change the problematic image of privacy in legal and political practice. It has not gone far enough, however, to draw conclusions regarding the political relevance of privacy. I argue that we should understand autonomy as politically embedded. Revised along these lines, privacy has a political value: when we claim privacy, we do not make a claim to withdraw from political life, but rather make a claim to protect certain forms of political engagement. (shrink)

This paper critically engages with new self-tracking technologies. In particular, it focuses on a conceptual tension between the idea that disclosing personal information increases one’s autonomy and the idea that informational privacy is a condition for autonomous personhood. I argue that while self-tracking may sometimes prove to be an adequate method to shed light on particular aspects of oneself and can be used to strengthen one’s autonomy, self-tracking technologies often cancel out these benefits by exposing too much about oneself to (...) an unspecified audience, thus undermining the informational privacy boundaries necessary for living an autonomous life. (shrink)

Disentangling Privacy and Intimacy: Intimate Citizenship, Private Boundaries and Public Transgressions Recent theorisations of transformations of intimacy—like Ken Plummer's (2003) Intimate Citizenship project—concentrate on social and cultural transformations that erode the containment of intimacy within the private sphere. They have less to say about the character of and oppositions to that erosion, and specifically how far the idea of the private stands in opposition to intimacy transgressing into the public. In this essay, the private is explored through its constitutive features—liberal (...) codifications of rights, liberty and property, medico-moral discourses and conservative values and legal and political regulation—to give a more political and critical reading. This reading suggests that an explicit disentangling of the private and the intimate is necessary if tendencies toward public and emancipated intimacies are to become meaningful transformations, and this involves a dissembling of and critical engagement with the powerful historically entrenched idea of privacy in western societies. (shrink)

This article joins in and extends the contemporary debate on the right to privacy. We bring together two strands of the contemporary discourse on privacy. While we endorse the prevailing claim that norms of informational privacy protect the autonomy of individual subjects, we supplement it with an argument demonstrating that privacy is an integral element of the dynamics of all social relationships. This latter claim is developed in terms of the social role theory and substantiated by an analysis of the (...) role of privacy in intimate relationships, in professional relationships and in social interactions between strangers in public. We conclude by arguing that it is not always reasonable to assume a conflict between individual privacy on the one hand and society on the other. Legislators and participants in public debate also have to take into account the consequences of limiting privacy on social interaction and the integration of the society. (shrink)

In the digital age individuals face key choices about whether and how to share intimate details of their lives, “images of the body, biological data in general and diagnostic information” (Pyrrho,...

Throughout the longstanding debate on privacy, the concept has been framed in various ways. Most often it has been discussed as an area within which individuals rightfully may expect to be left alone and in terms of certain data that they should be entitled to control. The sphere in which individuals should be granted freedom from intrusion has typically been equated with the indisputably private domestic sphere. Privacy claims in the semi-public area of work have not been sufficiently investigated. In (...) this article, the case is made that employees have reasonable expectations on privacy at work. Firstly, in a descriptive analysis, employees’ need for workspace privacy is spelt out. Secondly, a normative analysis explicates the reasons why privacy should be protected. The main thrust is to provide a more inclusive privacy concept and hence, a more adequate basis for privacy protection legislation and codes in the area of work. Contrary to prevailing workplace privacy protection, employees’ need for local privacy should be accommodated as well as informational privacy. (shrink)

The ethical problem of privacy lies at the core of computer ethics and cyber ethics discussions. The extensive use of personal data in digital networks poses a serious threat to the user’s right of privacy not only at the level of a user’s data integrity and security but also at the level of a user’s identity and freedom. In normative ethical theory the need for an informational self-deterministic approach of privacy is stressed with greater emphasis on the control over personal (...) data. However, scant attention has been paid on a virtue ethics approach of information privacy. Plotinus’ discussion of self-determination is related to ethical virtue, human freedom and intellectual autonomy. The Plotinian virtue ethics approach of self-determination is not primarily related to the sphere of moral action, but to the quality of the self prior to moral practice. In this paper, it is argued that the problem of information privacy should be reconsidered in the light of Plotinus’ virtue ethics and his notion of self-determination. (shrink)

The right to privacy is a moral concept that has been debated for centuries. This article traces the histo y of the concept and examines how the existence of a right to privacy has been defended by philosophers through the years. This article examines the strategies behind those arguments, showing how some of them are more convincing than others. Following this analysis is a practical argument for recognizing a universal right to privacy over intimate relationships and information. Intimacy is a (...) part of human dipity, and revealing it does not tell much about the character of politicians, or anyone else. Intimacy deserves protection. (shrink)

Separation-based accounts of privacy define privacy as being left alone and unaccessed. Pyrrho et al. propose a more control-based account where privacy is about having the age...

The Internet of Things (IoT) is, in part, an information handling system that can remove humans from the information handling process. The particular problem explored is how we are to understand privacy when considering informational systems that handle personal information in ways that impact people’s lives when there is no human operator in direct contact with that personal information. I argue that these new technologies need to take concepts like privacy into account, but also, that we ought also to take (...) these technologies into account to reconsider and perhaps reconceptualise privacy. This paper argues that while an inhuman system like the IoT does not necessarily violate the interpersonal privacy of people, if the IoT is used as part of a state surveillance program, a political notion of privacy may be violated. (shrink)

Västvärldens åldrande befolkning anses ofta ställa krav på nya former av vård och omsorg. Olika typer av informations- och kommunikationstekniskt baserat vårdstöd framhålls ofta som en lösning. Tekniken medger en rad olika fördelar, exempelvis tätare tillsyn, kontinuerliga mätningar av vitala funktioner, med möjlighet att kontinuerligt ställa diagnos, och snabb respons på larm, men de tekniska lösningarna får också etiska implikationer. I den här artikeln beskrivs och exemplifieras IKT-baserad vård och omsorg och teknikens påverkan på centrala värden som personlig integritet, autonomi, (...) frivillighet och informerat samtycke diskuteras. Interaktiv etisk teknikvärdering föreslås för att bättre inkorporera alla berörda parters behov av och synpunkter på den här typen av vårdstöd.Nyckelord: autonomi, etik, frivillighet, informerat samtycke, interaktiv etisk teknikvärdering, IKT-baserat vårdstöd, hemvård, personlig integritet, robotteknik, sensorteknik, säkerhet, trygghet, valfrihetEnglish summary: When health care moves in – the ethics of mobile health careAn ageing population in the Western world is typically taken to require novel forms of health care. Different types of Information and Communication based services and functions are presented as a solution. Even if such technology imply benefits in terms of more frequent attendance, continuous monitoring and diagnoses of vital signs and quick response to alarms, the technology also gives raise to ethical concerns. This article describes and exemplifies ICT-based health care and discusses implications on central values like privacy, autonomy, freedom of choice and informed consent. Interactive ethical technology assessment is suggested as a means to better incorporate the needs of all concerned parties and their perspectives on this type of support. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of solitude, intimacy and confidentiality and shows that, so described, people have legitimate interests in privacy. These interests are both personal and political, and provide the grounds for two different justifications of privacy rights. Though both are based on democratic concerns for the freedom and equality of individuals, these two justifications for privacy (...) can be distinguished because the one is principally concerned with protecting the personal freedom and equality of individuals, while the other is principally concerned with their political equivalents. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, interpreting the content and justification of privacy rights in light of the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

Some rights are so important for human autonomy and well-being that many scholars insist they should not be waived, traded, or abandoned. Privacy is a recent addition to this list. At the other end of the spectrum is the belief that privacy is a mere unimportant interest or preference. This paper defends a middle path between viewing privacy as an inalienable, non-waivable, non-transferrable right and the view of privacy as a mere subjective interest. First, an account of privacy is offered (...) that clarifies the concept and demonstrates how privacy is directly related to human health and well-being. Second, along with considering and rejecting several accounts for why privacy might be considered an inalienable right, an argument is offered for why it is morally permissible to waive, transfer, abandon, or alienate privacy. (shrink)

Within the context of U.K. law, the right to respect for private life, articulated in Article 8 of the European Convention on Human Rights, and acknowledged more opaquely in domestic legislation and case law, is one whose scope is unclear. Nowhere is this brought into sharper relief than in cases where conduct which manifests a person’s sexual identity, or concerns her intimate relations with others, is prima facie criminal. In this essay I attempt, through a discussion of cases in which (...) injury is caused in the context of relationships experienced inter-subjectively as private, to explore the contexts in which the law is prepared to legitimate that inter-subjective experience, and where it is not. Using cases in which injury has been caused purposively (in S/m sex), and incidentally (through the reckless transmission of HIV during sexual intercourse), the essay argues that the law is prepared to respect the right to respect for private life only in so far as the private life concerned is one which reinforces traditional gender roles and relationship types; in short, a life that one would be prepared to live publicly. (shrink)

El derecho a la privacidad está en el centro de muchos de los debates públicos actuales. Sin embargo, a pesar de la extensa literatura filosófica y jurídica sobre el tema, no contamos con una explicación adecuada del sentido y del valor de la privacidad. Esta falta de acuerdo sobre cuestiones conceptuales y normativas ha llevado a algún autor a hablar del ‘caos de la privacidad’. Este artículo se centra en la exploración conceptual de la privacidad. Para ello, en primer lugar, (...) consideraré cómo el derecho a la privacidad fue formulado por primera vez en el célebre artículo de Warren y Brandeis. Segundo, en la medida en que el derecho a la privacidad es sistemáticamente traducido en español como ‘derecho a la intimidad’, resulta crucial analizar con cuidado la confusa relación entre intimidad y privacidad. Con este fin, en las dos últimas secciones del trabajo discutiré algunas explicaciones de cómo trazar la distinción entre ambas nociones y cómo entender su intrincada relación. (shrink)