Chapter 2. The Right to Privacy in the Digital Age

Although the digital age we now live in has certainly raised the stakes on what is possible for governments, organizations of all kinds, and businesses to find out about us, the concept of privacy has always been around. We have argued about privacy, redefined what it means to be private, been fearful or cavalier about perceived privacy erosions, and sounded death knells for the end of privacy as we know it. Webster’s defines privacy as “the quality or state of being apart from company or observation” and one’s right to privacy as “freedom from intrusion.” How can a simple concept provoke such heated debate?

Perhaps the answer lies in the simplicity itself as it allows each one of us to interpret what it means to be private and that interpretation is shaped by available technology, our culture, history, and worldview. One cannot discuss privacy without also considering context. And what is contextually important to you may not be important to me. For example, I might object to Google Maps having an image of my home but you would only care if your child is visible in the image. We both believe that Google Maps makes our lives easier, the real issue is: what level of privacy are we willing to give up for that convenience? In this, as in most things, context is everything.

It’s not surprising that culture plays a pivotal role in our perception of privacy. Topless sunbathing may be de rigueur on the French Riviera (or practically anywhere ...

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