The right to privacy: appealing, but flawed

Doyle, Carolyn and Bagaric, Mirko 2005, The right to privacy: appealing, but flawed, International journal of human rights, vol. 9, no. 1, pp. 3-36, doi: 10.1080/13642980500032156.

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Title The right to privacy: appealing, but flawed
Author(s) Doyle, Carolyn
Bagaric, Mirko
Journal name International journal of human rights
Volume number 9
Issue number 1
Start page 3
End page 36
Publisher Frank Cass & Co. Ltd.
Place of publication London, England
Publication date 2005-03
ISSN 1364-2987
Keyword(s) human rights
Summary The right to privacy is not recognised at common law. However, like many  other rights, it has gained increasing prominence and legal recognition  since the explosion in rights-based normative discourse following the  Second World War. Rights-based moral theories are appealing because their language is individualising; promising to expand the sphere of liberty and protection offered to people. It is therefore not surprising that we as  individuals are attracted to such theories - they allow us a vehicle through  which we can project our wishes and demands onto the community. While in abstract the right to privacy sounds appealing, it has many potential  disadvantages. This article examines the justification for the right to privacy. It argues that either the right is illusory (devoid of an overarching doctrinal rationale) or at its highest the right to privacy is an insignificant right - one which should rarely trump other interests. It follows that there is a need to re-assess the desirability of introducing a separate cause of action protecting privacy interests.
Language eng
DOI 10.1080/13642980500032156
Field of Research 180119 Law and Society
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2005, Taylor & Francis Group Ltd
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