A Taxonomy of Privacy

In some cases, courts have recognized a harm in public surveillance.

“In some cases, however, courts have recognized a harm in public surveillance.”

In Fourth Amendment law, courts frequently conclude that surveillance in private places implicates a reasonable expectation of privacy whereas surveillance in public places does not.

“In Fourth Amendment law, courts frequently conclude that surveillance in private places implicates a reasonable expectation of privacy whereas surveillance in public places does not.”

Tort law is generally consistent with this approach.

“Tort law is generally consistent with this approach.”

Historically, interrogation has been employed to impinge upon freedom of association and belief.

“Historically, interrogation has been employed to impinge upon freedom of association and belief.”

• cites SCHRECKER, supra note 114Not matched

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Combating identity theft after it happens has proven immensely difficult.

“Combating identity theft after it happens has proven immensely difficult.”

• cites [200]Not matched

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The Roberson court refused to recognize a remedy based on Warren and Brandeis's article, concluding that such an action was the proper domain of the legislature.

“The court refused to recognize a remedy based on Warren and Brandeis's article, concluding that such an action was the proper domain of the legislature.”

• cites Roberson v. Rochester Folding Box Co.Not matched

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Generally, courts recognize intrusion upon seclusion tort actions only when a person is at home or in a secluded place.

“Generally, courts recognize intrusion upon seclusion tort actions only when a person is at home or in a secluded place.”

• cites RESTATEMENT (SECOND) OF TORTS § 652B cmt.c (1977)Not matched

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A year after the Roberson decision, New York passed a law creating a cause of action to redress the type of injury Roberson suffered.

“A year later, New York passed a law creating a cause of action to redress the type of injury Roberson suffered.”

Some courts are beginning to recognize realms of exclusion where people can shut others out, even in public.

“Some courts are beginning to recognize realms of exclusion where people can shut others out, even in public.”

• cites Shulman v. Group W Prods., Inc., 955 P.2d 469, 491 (Cal.1998)Not matched

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Surveillance can lead to self-censorship and inhibition.

“Surveillance can lead to self-censorship and inhibition.”

• cites Kang, supra note 19Not matched

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• cites Swire, supra note 18Not matched

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The result is that privacy is not balanced against countervailing interests.

“The result is that privacy is not balanced against countervailing interests.”

Without consent, most of these activities would constitute a privacy violation.

“Without consent, however, it most often would.”

Direct awareness of surveillance can cause a person to alter her behavior.

“Not only can direct awareness of surveillance make a person feel extremely uncomfortable, but it can also cause that person to alter her behavior.”

Surveillance is a tool of social control.

“Because of its inhibitory effects, surveillance is a tool of social control, enhancing the power of social norms, which work more effectively when people are being observed by others in the community.”

Privacy problems are frequently misconstrued or inconsistently recognized in the law.

“Privacy problems are frequently misconstrued or inconsistently recognized in the law.”

Privacy is not an individualistic right.

“This does not mean that privacy is an individualistic right.”

Too much social control can adversely impact freedom, creativity, and self-development.

“Too much social control, however, can adversely impact freedom, creativity, and self-development.”

• cites Cohen, supra note 28Not matched

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• cites Schwartz, supra note 18Not matched

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This aspect of surveillance does not automatically make it harmful.

“This aspect of surveillance does not automatically make it harmful, though, since social control can be beneficial and every society must exercise a sizeable degree of social control.”

• AssumptionRests on an assumption: Social control can be beneficial and every society must exercise a sizeable degree of social control.

Social norms work more effectively when people are being observed by others in the community.

“which work more effectively when people are being observed by others in the community.”

• cites RICHARD A. POSNER, THE PROBLEMATICS OF MORAL AND LEGAL THEORY 75 (1999)Not matched

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Direct awareness of surveillance can make a person feel extremely uncomfortable.

“Not only can direct awareness of surveillance make a person feel extremely uncomfortable, but it can also cause that person to alter her behavior.”

Monitoring constrains the acceptable spectrum of belief and behavior.

“Monitoring constrains the “acceptable spectrum of belief and behavior,””

• cites Cohen, supra note 28Not matched

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Privacy violations involve a variety of types of harmful or problematic activities.

“In contrast, I have argued that privacy violations involve a variety of types of harmful or problematic activities.11”

• cites Solove, Conceptualizing PrivacyNot matched

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The lack of clarity about what privacy means creates difficulty for making policy or resolving cases because lawmakers and judges cannot easily articulate the privacy harm.

“This lack of clarity creates a difficulty when making policy or resolving a case because lawmakers and judges cannot easily articulate the privacy harm.”

Privacy harms include dignitary harms beyond reputational injury, such as incivility, lack of respect, or causing emotional angst.

“But as Warren and Brandeis understood, and as this taxonomy will demonstrate, there are other kinds of dignitary harm beyond reputational injury.These are the harms of incivility, lack of respect, or causing emotional angst.”

• cites Warren & Brandeis, 1890Not matched

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Risk-enhancing activities increase the chances of the individual suffering dignitary harms as well as monetary or physical harms.

“Such risk-enhancing activities increase the chances of the individual suffering dignitary harms as well as monetary or physical harms.”

Rather than targeting specific information, surveillance can ensnare a significant amount of data beyond any originally sought.

“Rather than targeting specific information, surveillance can ensnare a significant amount of data beyond any originally sought.”

Evidentiary privileges, like the Fifth Amendment, are quite narrow in scope.

“Evidentiary privileges, like the Fifth Amendment, are also quite narrow in scope.”

• cites [136]Not matched

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Interrogation forces people to be concerned about how they will explain themselves or how their refusal to answer will appear to others.

“Interrogation forces people to be concerned about how they will explain themselves or how their refusal to answer will appear to others.”

The dignitary harms and architectural problems of surveillance can occur both in public and private places.

“Thus, the dignitary harms and architectural problems of surveillance can occur both in public and private places.”

Part of the harm of interrogation arises from the degree of coerciveness involved.

“Part of this harm arises from the degree of coerciveness involved.”

There can be an even greater chilling effect when people are generally aware of the possibility of surveillance, but are never sure if they are being watched at any particular moment.

“In fact, there can be an even greater chilling effect when people are generally aware of the possibility of surveillance, but are never sure if they are being watched at any particular moment.”

Another aspect of the power of interrogation is its potential for resulting in distortion.

“Another aspect of the power of interrogation is its potential for resulting in distortion.”

Aggregation upsets expectations because it involves the combination of data in new, potentially unanticipated ways to reveal facts about a person that are not readily known.

“Aggregation upsets these expectations, because it involves the combination of data in new, potentially unanticipated ways to reveal facts about a person that are not readily known.”

• AssumptionRests on an assumption: People expect certain limits on what is known about them and on what others will find out.

Settled Fifth Amendment law focuses on the criminal consequences of disclosure rather than the nature of the disclosure.

“settled fifth amendment law focuses on the criminal consequences of disclosure.”

• cites [130]Not matched

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Well-concealed surveillance would still enable the watchers to gather a substantial degree of information about people, creating an architectural problem.

“While such well-concealed surveillance might eliminate the potential for any discomfort or chilling effect, it would still enable the watchers to gather a substantial degree of information about people, creating an architectural problem.”

In many areas of law, this narrow view of privacy has limited the recognition of privacy violations.

“In many areas of law, this narrow view of privacy has limited the recognition of privacy violations.”

When analyzed, aggregated information can reveal new facts about a person that she did not expect would be known about her when the original, isolated data was collected.

“When analyzed, aggregated information can reveal new facts about a person that she did not expect would be known about her when the original, isolated data was collected.”

Despite strong public disapproval, the majority of courts have rejected a parent-child privilege.

“Despite strong public disapproval of forcing parents and children to testify against each other, the majority of courts have rejected a parentchild privilege.”

• cites [136]Not matched

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Incriminating information may be compelled even under the Fifth Amendment if there are no criminal consequences, even if the compulsion would cause a person great disgrace.

“Incriminating information may thus be compelled even under the Fifth Amendment if there are no criminal consequences--even if the compulsion would cause a person great disgrace.”

• cites [131]Not matched

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The law tends to focus more on secrecy than on the particular problems and harms caused by surveillance.

“The law, however, tends to focus more on secrecy than on the particular problems and harms caused by surveillance.”

Aggregation can cause dignitary harms because it unsettles expectations.

“Alongside these benefits, however, aggregation can cause dignitary harms because of how it unsettles expectations.”

• AssumptionRests on an assumption: People expect certain limits on what is known about them and on what others will find out.

In questionnaires and standardized forms, distortion creeps in because the questions often do not ask for the entire story or are phrased in certain ways that yield deceptive results.

“In questionnaires and standardized forms, for example, distortion creeps in because the questions often do not ask for the entire story or are phrased in certain ways that yield deceptive results.”

When bits and pieces of data are combined together, they begin to form a portrait of a person.

“But when combined together, bits and pieces of data begin to form a portrait of a person.”

• cites [147]Not matched

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People take offense when others ask an unduly probing question even if there is no compulsion to answer.

“People take offense when others ask an unduly probing question-even if there is no compulsion to answer.”

Surveillance is harmful in all settings, not just private ones.

“Therefore, although the law often focuses on whether surveillance occurs in a public or private place, surveillance is harmful in all settings, not just private ones.”

One of the rationales justifying the privilege against self-incrimination is that it protects accuracy.

“Thus, one of the rationales justifying the privilege against self-incrimination is that it protects accuracy.”

• cites Wigmore, supra note 118Not matched

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Unlike disclosure, interrogation can create discomfort even if the information is barely disseminated.

“unlike disclosure, interrogation can create discomfort even if the information is barely disseminated.”

Even in the absence of deliberate manipulation, the interrogation process can be distorting.

“Even in the absence of deliberate manipulation, the interrogation process can be distorting.”

When pieces of data are consolidated together, the aggregator acquires much greater knowledge about the person's life.

“When these pieces are consolidated together, however, the aggregator acquires much greater knowledge about the person's life.”

• AssumptionRests on an assumption: People give out bits of information in different settings, only revealing a small part of themselves in each context.
• AssumptionRests on an assumption: People selectively spread around small pieces of data throughout most of their daily activities, and they have the expectation that in each disclosure, they are revealing relatively little about themselves.

Aggregation's power and scope are different in the Information Age.

“But aggregation's power and scope are different in the Information Age;”

Interrogation can be distorting because information is elicited by another, often without an interest in learning the whole story.

“Interrogation can be distorting because information is elicited by another, often without an interest in learning the whole story.”

There are social norms against asking excessively probing or prying questions because they make the person being questioned feel uncomfortable.

“This is why, I believe, there are social norms against asking excessively probing or prying questions: they make the person being questioned feel uncomfortable.”

Awareness of the possibility of surveillance can be just as inhibitory as actual surveillance.

“Thus, awareness of the possibility of surveillance can be just as inhibitory as actual surveillance.”

Despite recognizing the harms and problems of interrogation-compulsion, divulgence of private information, and forced betrayal, the law only addresses them in limited situations.

“Despite recognizing the harms and problems of interrogation-compulsion, divulgence of private information, and forced betrayal--the law only addresses them in limited situations.”

Interrogation can create harm.

“However, interrogation can create harm.”

A skillful interrogator can orchestrate a dialogue that creates impressions and inferences that she wants to elicit.

“A skillful interrogator can orchestrate a dialogue that creates impressions and inferences that she wants to elicit.”

Identification is interrelated with other forms of privacy disruption.

“Identification is thus interrelated with other forms of privacy disruption, and, like those forms, it reveals, distorts, and intrudes.”

Identification can inhibit one's ability to be anonymous or pseudonymous.

“Identification can inhibit one's ability to be anonymous or pseudonymous.”

• cites [185]Not matched

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Identification is a component of certain forms of surveillance.

“Identification is a component of certain forms of surveillance insofar as it facilitates the detection and monitoring of a person and enables surveillance data to be categorized according to the individuals to which it pertains.”

Anonymity also protects people who read or listen to certain unpopular ideas.

“Anonymity also protects people who read or listen to certain unpopular ideas.”

• cites [188]Not matched

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Identification can deter misleading political campaign ads.

“Identification can deter misleading political campaign ads.”

The problem stems not from the identifier itself but from how it links data to individuals.

“The problem stems not from the identifier itself but from how it links data to individuals.”

In Hiibel v. Sixth Judicial District Court, the Court concluded that a law requiring people to identify themselves during a police stop did not violate the Fourth and Fifth Amendments.

“However, in Hiibel v. Sixth Judicial District Court, the Court concluded that a law requiring people to identify themselves during a police stop did not violate the Fourth and Fifth Amendments.”

• cites [190]Not matched

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Some forms of identification can have similar effects to disclosure.

“Some forms of identification can have similar effects to disclosure.”

Some courts have recognized aggregation as violating a privacy interest.

“Some courts have recognized aggregation as violating a privacy interest.”

• cites [151]Not matched

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The digital person in digital space increasingly is affecting the flesh-and-blood individual in realspace.

“The digital person in digital space increasingly is affecting the flesh-and-blood individual in realspace.”

• cites [149]Not matched

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Identification creates architectural problems, for it increases the government's power over individuals.

“Identification also creates architectural problems, for it increases the government's power over individuals.”

Identification has been a critical tool for governments seeking to round up radicals or disfavored citizens.

“Identification has been a critical tool for governments seeking to round up radicals or disfavored citizens.”

• cites [183]Not matched

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Reporters Committee is one of the rare instances where the law has recognized that aggregation can make a material difference in what is known about an individual.

“Reporters Committee is one of the rare instances where the law has recognized that aggregation can make a material difference in what is known about an individual.”

Aggregations of data, such as credit reports, are used to evaluate data about a person's financial reputation and then make decisions that profoundly affect a person's life, including whether she gets a loan, a lease, or a mortgage.

“Aggregations of data, such as credit reports, are used to evaluate data about a person's financial reputation and then make decisions that profoundly affect a person's life, including whether she gets a loan, a lease, or a mortgage.”

Most courts adhere to the secrecy paradigm, which fails to recognize any privacy interest in information publicly available or already disseminated to others.

“Most courts adhere to the secrecy paradigm, which fails to recognize any privacy interest in information publicly available or already disseminated to others.”

• cites [157]Not matched

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The dossier created by aggregating a person's data is often used as a way to judge her.

“The dossier created by aggregating a person's data is often used as a way to judge her.”

Identification creates problems.

“Although identification of people or sources of particular messages can be beneficial, it also creates problems.”

Courts have refused to find privacy interests in compilations of information disclosed in Megan's Laws.

“Differing from Reporters Committee, courts have refused to find privacy interests in compilations of information disclosed in Megan's Laws, which involve the dissemination of personal data about convicted sex-offenders.”

• cites [160]Not matched

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Aggregation would violate a privacy interest when the aggregation significantly increases what others know about a person, even if originating from public sources.

“In contrast, aggregation would violate a privacy interest when the aggregation significantly increases what others know about a person, even if originating from public sources.”

In many instances, courts ignore insecurity as a problem.

“In many instances, courts ignore insecurity as a problem.”

The primary legal protection against exclusion is statutory.

“The primary legal protection against exclusion is statutory.”

Insecurity can involve not only a threat of disclosure, but also a threat of distortion.

“Insecurity, therefore, can involve not only a threat of disclosure, but also a threat of distortion.”

The careless use of data by businesses and the government makes identity theft incredibly easy.

“The careless use of data by businesses and the government makes the crime of identity theft incredibly easy.”

The law is inconsistent in its recognition of breach of confidentiality as a harm.

“The law, however, is inconsistent in its recognition of breach of confidentiality as a harm.”

As with secondary use and insecurity, exclusion creates a sense of vulnerability and uncertainty in individuals.

“As with secondary use and insecurity, exclusion creates a sense of vulnerability and uncertainty in individuals.”

Secondary use can cause problems.

“Secondary use can cause problems.”

Fiduciary relationships have been held to protect privacy in certain relationships.

“Fiduciary relationships have been held to protect privacy in certain relationships.”

• cites [238]Not matched

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Although insecurity increases the possibility of disclosure, courts will often not recognize a harm unless there has been actual disclosure.

“Although insecurity increases the possibility of disclosure, courts will often not recognize a harm unless there has been actual disclosure.”

Some courts have extended liability to third parties who induce the physician to disclose.

“Additionally, some courts have extended liability to third parties who induce the physician to disclose.”

• cites [253]Not matched

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The opt-out right would most likely fail to constitute informed consent within a fiduciary relationship.

“Accordingly, it would most likely fail to constitute informed consent within a fiduciary relationship.”

Applying Whalen, a federal circuit court concluded that certain questions on a police department employee questionnaire were unconstitutional because there were no guidelines about maintaining the security of the information.

“Applying Whalen, a federal circuit court in Fraternal Order of Police, Lodge No. 5 v. City of Philadelphia concluded that certain questions on a police department employee questionnaire were unconstitutional because there were no guidelines about maintaining the security of the information.”

• cites [205]Not matched

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Exclusion is related to the harm of breach of confidentiality.

“In this way, exclusion is related to the harm of breach of confidentiality, which is discussed later in this taxonomy.”

Disclosure and breach of confidentiality cause different kinds of injuries.

“The answer, I posit, is that disclosure and breach of confidentiality cause different kinds of injuries.”

In cases involving the constitutional right to privacy, courts have sometimes recognized insecurity as a privacy harm.

“In cases involving the constitutional right to privacy, courts have sometimes recognized insecurity as a privacy harm.”

• cites [202]Not matched

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• cites [205]Not matched

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Protection against breach of confidentiality helps promote certain relationships that depend upon trust.

“Protection against breach of confidentiality helps promote certain relationships that depend upon trust.”

Being asked to identify oneself is being asked to link oneself to the data, not just state a name.

“Being asked to identify oneself, therefore, is being asked to link oneself to the data, not just state a name.”

The tort of breach of confidentiality applies not only to physicians, but also to bankers and other professionals who maintain relationships of trust.

“The tort of breach of confidentiality applies not only to physicians, but also to bankers and other professionals who maintain relationships of trust.”

• cites [252]Not matched

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Insecurity exposes people to potential future harm.

“Insecurity exposes people to potential future harm.”

Exclusion is related to insecurity because lack of accountability often goes hand-in-hand with inadequate security in record systems of personal data.

“Exclusion is also related to insecurity, as the lack of accountability often goes hand-in-hand with inadequate security in record systems of personal data.”

Some statutes also allow people to opt out of certain uses of information.

“Some statutes also allow people to opt out of certain uses of information.”

In certain relationships, such as between doctors and patients, fiduciary duties require informed consent.

“Moreover, in certain relationships, such as between doctors and patients, fiduciary duties require informed consent.”

• cites [240]Not matched

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Exclusion can be harmful even if it does not lead to the dissemination of data.

“Exclusion, however, can be harmful even if it does not lead to the dissemination of data.”

Secondary use creates a dignitary harm because it involves using information in ways to which a person does not consent and might not find desirable.

“It creates a dignitary harm, as it involves using information in ways to which a person does not consent and might not find desirable.”

Insecurity can be a cost of lack of identification.

“In this sense, insecurity can be a cost of lack of identification.”

Secondary use resembles the harm created by insecurity.

“In this respect, secondary use resembles the harm created by insecurity.”

Identity theft is made possible because individuals have digital dossiers-extensive repositories of personal information maintained by companies and institutions-that thieves can tap into.

“As I have argued elsewhere, identity theft is made possible because we all have “digital dossiers”-extensive repositories of personal information about us-that are maintained by various companies and institutions.”

• cites [194]Not matched

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Several privacy statutes allow people a mechanism to demand the correction of inaccurate information in their records.

“Several privacy statutes allow people a mechanism to demand the correction of inaccurate information in their records.”

The opt-out right does not ensure that consent is informed beyond providing customers with notice that information may be shared.

“The optout right, which assumes consent unless an individual affirmatively indicates a preference for not sharing the information, does not ensure that consent is informed beyond providing customers with notice that information may be shared.”

Insecurity is related to aggregation because it creates risks of downstream harm from inadequate protection of compendiums of personal data.

“Insecurity is related to aggregation, as it creates risks of downstream harm that can emerge from inadequate protection of compendiums of personal data.”

Insecurity is related to identification because it often occurs due to difficulties in linking data to people.

“Insecurity is also related to identification-it often occurs because of difficulties in linking data to people.”

Several privacy statutes attempt to avoid problems in measuring harm by providing for minimum liquidated damages.

“Several privacy statutes attempt to avoid problems in measuring harm by providing for minimum liquidated damages.”

• cites [213]Not matched

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The government's collection of personal data for its record systems is typically accompanied by a statutory or regulatory duty to avoid unwarranted disclosures.

“As the Court observed, the government's collection of personal data for its record systems “is typically accompanied by a concomitant statutory or regulatory duty to avoid unwarranted disclosures.””

• cites [203]Not matched

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Distortion is related to insecurity because security problems can result in records being polluted with false data.

“Distortion-the dissemination of false information about a person-is related to insecurity, since problems with security can result in one's records being polluted with false data.”

In Whalen v. Roe, the Supreme Court suggested that the constitutional right to privacy extended to the individual interest in avoiding disclosure of personal matters.

“In Whalen v. Roe, the Supreme Court suggested that the constitutional right to privacy also extended to the “individual interest in avoiding disclosure of personal matters.””

• cites [202]Not matched

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Unlike the tort of public disclosure, the tort of breach of confidentiality does not require that the disclosure be highly offensive.

“Unlike the tort of public disclosure, the tort of breach of confidentiality does not require that the disclosure be “highly offensive.””

• cites [250]Not matched

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In certain kinds of special relationships, tort law has developed strong duties and responsibilities.

“In certain kinds of special relationships, however, tort law has developed strong duties and responsibilities.”

Secondary uses thwart people's expectations about how the data they give out will be used.

“Secondary uses thwart people's expectations about how the data they give out will be used.”

• AssumptionRests on an assumption: People have expectations about how the data they give out will be used.

Fourth Amendment law fails altogether to recognize the breach of confidentiality as a harm.

“Fourth Amendment law fails altogether to recognize the breach of confidentiality as a harm.”

Exposure creates injury because we have developed social practices to conceal aspects of life that we find animal-like or disgusting.

“Exposure creates injury because we have developed social practices to conceal aspects of life that we find animal-like or disgusting.”

People often disclose information to a limited circle of friends and expect the information to stay within this group.

“People often disclose information to a limited circle of friends, and they expect the information to stay within this group.”

The third party doctrine is based on the secrecy paradigm: since others know the information, it is no longer completely secret.

“The third party doctrine is based on the secrecy paradigm: since others know the information, it is no longer completely secret.”

Disclosure can inhibit people from associating with others, impinging upon freedom of association.

“Disclosure can inhibit people from associating with others, impinging upon freedom of association, and can also destroy anonymity, which is sometimes critical for the promotion of free expression.296”

• cites [296]Not matched

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They are giving it to a party with implicit (and often explicit) promises that the information will not be disseminated.

“They are giving it to a party with implicit (and often explicit) promises that the information will not be disseminated.”

The breach of confidentiality tort applies to the patient-physician relationship and to other relationships as well.

“The breach of confidentiality tort applies to the patient-physician relationship and to other relationships as well.”

Norms about nudity and bodily functions have changed throughout history.

“Norms about nudity and bodily functions have changed throughout history.320”

• cites [320]Not matched

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Some courts have held that the breach of confidentiality tort applies to banks.

“As mentioned previously, some courts have held that the tort applies to banks.”

• cites [272]Not matched

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Disclosure can harm even if the information is revealed by a stranger.

“Disclosure can harm even if the information is revealed by a stranger.”

The fact that information is known to third parties would not be relevant to the Court's analysis if the harm were understood to be a breach of confidentiality.

“But the fact that the information is known to third parties would not be relevant to the Court's analysis if the harm were understood to be a breach of confidentiality.”

Protection from disclosure promotes individual autonomy.

“Protection from disclosure, like free speech, promotes individual autonomy.”

The need for privacy, and therefore the prevention of exposure, is created by the fact that we have social relationships and concomitant norms of dignity and decorum.

“The need for privacy, and therefore the prevention of exposure, is created by the fact that we have social relationships and concomitant norms of dignity and decorum.324”

• cites [324]Not matched

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Unlike Fourth Amendment law, tort law recognizes breach of confidentiality as a distinct harm.

“Unlike Fourth Amendment law, tort law recognizes breach of confidentiality as a distinct harm.”

When people establish a relationship with banks, Internet service providers, phone companies, and other businesses, they are not disclosing their information to the world.

“When people establish a relationship with banks, Internet service providers, phone companies, and other businesses, they are not disclosing their information to the world.”

Disclosures of information from a person's past can inhibit their ability to reform, have a second chance, or alter their life's direction.

“People grow and change, and disclosures of information from their past can inhibit their ability to reform their behavior, to have a second chance, or to alter their life's direction.”

Disclosure can threaten people's security.

“Disclosure can also threaten people's security.”

The third party doctrine places an extensive amount of personal information outside the protection of the Fourth Amendment.

“The third party doctrine therefore places an extensive amount of personal information outside the protection of the Fourth Amendment.”

Some courts focus on secrecy and do not examine people's expectations of information flow.

“Some courts, however, focus on secrecy and do not examine people's expectations of information flow.312”

• cites [312]Not matched

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Exposure impedes a person's ability to participate in society.

“Exposure thus impedes a person's ability to participate in society.”

The law has developed a number of protections against disclosures of true information about people.

“The law has developed a number of protections against disclosures of true information about people.”

When practices of concealment are disrupted by exposure, people can experience severe and sometimes debilitating humiliation and loss of self-esteem.

“When these practices are disrupted by exposure, people can experience a severe and sometimes debilitating humiliation and loss of self-esteem.”

In Whalen v. Roe, the Supreme Court recognized that the right to privacy based on substantive due process also encompassed the individual interest in avoiding disclosure of personal matters.

“In Whalen v. Roe, the Supreme Court recognized that the “right to privacy” based on substantive due process also encompassed the “individual interest in avoiding disclosure of personal matters.””

• cites [278]Not matched

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Today's norms and practices call for the concealment of many aspects of the body, bodily functions, and strong displays of emotion.

“Today's norms and practices, however, call for the concealment of many aspects of the body, bodily functions, and strong displays of emotion.”

The injury in Pavesich is that Pavesich has been used against his will.

“The injury is that Pavesich has been used against his will.”

Most courts, due to their commitment to the secrecy paradigm, struggle with recognizing the harm of increased accessibility.

“Most courts, however, due to their commitment to the secrecy paradigm, struggle with recognizing this harm.346”

• cites [346]Not matched

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Exposure interacts with powerful and potent social norms.

“Exposure interacts with powerful and potent social norms.”

Blackmail allows a person to be dominated and controlled by another.

“Blackmail allows a person to be dominated and controlled by another.”

Blackmail is criminalized because of the power relationship it creates.

“I posit that blackmail is criminalized because of the power relationship it creates.”

Federal courts, along with many state courts and agencies, are developing systems to place their records online.

“The federal courts, along with many state courts and agencies, are developing systems to place their records online.339”

• cites [339]Not matched

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There is another important dimension of the harm of appropriation-an interference with freedom and self-development.

“I contend that there is another important dimension of the harm of appropriation-an interference with freedom and self-development.”

Information can readily be exploited for purposes other than those for which it was originally made publicly accessible.

“Information can readily be exploited for purposes other than those for which it was originally made publicly accessible.”

Generally, exposure cases have fared better than ones involving disclosure.

“Generally, exposure cases have fared better than ones involving disclosure.329”

• cites [329]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The crux of the harm of appropriation is unwanted notoriety.

“Justice Gray alluded to what I believe to be the crux of the harm: unwanted notoriety.”

Increased accessibility creates problems such as the increased possibility of disclosure.

“Increased accessibility, however, creates problems such as the increased possibility of disclosure.”

Intrusion can cause harm even if no information is involved.

“While many forms of intrusion are motivated by a desire to gather information or result in the revelation of information, intrusion can cause harm even if no information is involved.”

In United States Department of Justice v. Reporters Committee for Freedom of the Press, the Supreme Court recognized the problem of increased accessibility.

“In United States Department of Justice v. Reporters Committee for Freedom of the Press, the Supreme Court recognized the problem of increased accessibility.349”

• cites [349]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Failing to distinguish between disclosure and exposure has adversely affected the recognition of exposure harms in some instances.

“Failing to distinguish between disclosure and exposure has adversely affected the recognition of exposure harms in some instances.”

Without refuge from others, relationships can become more bitter and tense.

“Without refuge from others, relationships can become more bitter and tense.”

The Supreme Court recognized the harm of increased accessibility.

“Here, the Court has recognized the harm of increased accessibility.352”

• cites [352]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The Fourth Amendment protects the home, as well as one's body and baggage, from searches by government officials.

“The Fourth Amendment protects the home, as well as one's body and baggage, from searches by government officials.”

With increased accessibility, a difference in quantity becomes a difference in quality, enhancing the risk of the harms of disclosure.

“With increased accessibility, a difference in quantity becomes a difference in quality-it enhances the risk of the harms of disclosure.”

With blackmail, the harm is not in the actual disclosure of the information, but in the control exercised by the one who makes the threat over the data subject.

“With blackmail, the harm is not in the actual disclosure of the information, but in the control exercised by the one who makes the threat over the data subject.”

Due to internalization of these norms, exposure victims experience strong feelings of shame.

“Nevertheless, due to the internalization of these norms, exposure victims experience strong feelings of shame.”

Under the secrecy paradigm, courts often view privacy as a binary status: information is either completely private or completely public.

“Under the secrecy paradigm, courts often view privacy as a binary status-information is either completely private or completely public.344”

• cites [344]Not matched

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Too much envelopment in society can be destructive to social relationships.

“Too much envelopment in society can be destructive to social relationships.”

For disclosure, the crux of the harm is not the revelation of total secrets, but the spreading of information beyond expected boundaries.

“the crux of the disclosure harm, which is not the revelation of total secrets, but the spreading of information beyond expected boundaries.”

In Sanders v. American Broadcasting Companies, the court concluded that Sanders had a viable privacy interest even though he worked in a cubicle where he could readily be seen and overheard by other employees.

“Even though Sanders worked in a cubicle where he could readily be seen and overheard by other employees, the court concluded that he had a viable privacy interest”

• cites [439]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [440]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Privacy problems are inconsistently recognized across different areas of the law.

“privacy problems are inconsistently recognized across different areas of the law.”

In Roe v. Wade, the Court held that the right to privacy encompasses a woman's decision whether or not to terminate her pregnancy.

“Subsequently, the Court held in Roe v. Wade that the right to privacy”

• cites [446]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Increased accessibility creates problems even when all of the data is already available in the public domain.

“The same is true of increased accessibility.”

In Union Pacific Railway Co. v. Botsford, the Court held that a female plaintiff in a civil action could not be forced to submit to a surgical examination.

“There, the Court held that a female plaintiff in a civil action could not be forced to submit to a surgical examination”

• cites [456]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Aggregation creates problems even when all of the data is already available in the public domain.

“Aggregation creates problems even when all of the data is already available in the public domain.”

Beyond solitude, people often expect space from others even when they are with other people.

“However, beyond solitude, people often expect space from others-even when they are with other people.”