Everyone knows that something has gone wrong, in the United States, with the conventions of privacy. Along with a vastly increased tolerance for variation in sexual life we have seen a sharp increase in prurient and censorious attention to the sexual lives of public figures and famous persons, past and present. The culture seems to be growing more tolerant and more intolerant at the same time, though perhaps different parts of it are involved in the two movements.

This essay critically examines some classic philosophical and legal theories of privacy, organized into four categories: the nonintrusion, seclusion, limitation, and control theories of privacy. Although each theory includes one or more important insights regarding the concept of privacy, I argue that each falls short of providing an adequate account of privacy. I then examine and defend a theory of privacy that incorporates elements of the classic theories into one unified theory: the Restricted Access/Limited Control (RALC) theory of privacy. Using (...) an example involving data-mining technology on the Internet, I show how RALC can help us to frame an online privacy policy that is sufficiently comprehensive in scope to address a wide range of privacy concerns that arise in connection with computers and information technology. (shrink)

Bodily privacy, understood as a right to control access to one’s body, capacities, and powers, is one of our most cherished rights − a right enshrined in law and notions of common morality. Informational privacy, on the other hand, has yet to attain such a loftily status. As rational project pursuers, who operate and flourish in a world of material objects it is our ability control patterns of association and disassociation with our fellows that afford each of us the room (...) to become distinct individuals. Privacy, whether physical or informational, is valuable for beings like us. Establishing the truth this claim will be the primary focus of this article. Providing reasons, evidence, and support for this claim will take us into the historical and cultural dimensions of privacy. (shrink)

Despite their differences, the three most prominent accounts of informational privacy on the contemporary scene—the Control Theory, the Limited Access Theory, and the Narrow Ignorance Theory—all hold that an individual’s informational privacy is at least partly a function of a kind of inability of others to know personal facts about her. This common commitment, I argue, renders the accounts vulnerable to compelling counterexamples. I articulate a new account of informational privacy—the Broad Ignorance Theory—that avoids the commitment by rendering an individual’s (...) informational privacy exclusively a function of others’ ignorance ofpersonal facts about her. I then go on to answer four objections to the Broad Ignorance Theory: that it paradoxically renders private what is in the public domain, that it fails to explain the oddity of attributions of informational privacy to individuals unable to control whether others know various personal facts about them, that it conflates informational privacy and secrecy, and that it conflicts with intuitions about informational privacy losses stemming from false or unjustified beliefs. In the final section of the paper I consider the plausibility of expanding the Broad Ignorance Theory into an account of privacy in general. (shrink)

This article defends a new model of personal privacy. Privacy should be understood as demarcating culturally defined aspects of an individual's life in which he or she is granted immunity from the judgment of others. Such an analysis is preferable to either of the two favorite models of privacy in the current literature. The judgment of others model preserves all of the insights of the liberty and information models of privacy, But avoids the obvious problems and counterexamples. In addition, This (...) model allows us to better see the normative importance of privacy. A final section discusses the notion of sexual privacy in connection to the proposed model. (shrink)