Thesis Statement On Employee Privacy Right

Yet it has been difficult for philosophers to provide clearguidelines on the positive side of understanding just what privacyprotects and why it is important. There has been consensus thatthe significance of privacy is almost always justified for theindividual interests it protects: personal information, personalspaces, and personal choices, protection of freedom and autonomy in aliberal democratic society. (Allen, 2011; Moore, 2010; Reiman 2004;Roessler, 2005). Schoeman (1992) eloquently defended theimportance of privacy for protection of self-expression and socialfreedom. More recent literature has extended this view and hasfocused on the value of privacy not merely for the individual interestsit protects, but also for its irreducibly social value. Concernsover the accessibility and retention of electronic communications andthe expansion of camera surveillance have led commentators to focusattention on loss of individual privacy as well as privacy protectionwith respect to the state and society (Reiman, 2004; Solove, 2008;Nissenbaum, 2010).

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Thesis Statement For Right To Privacy - ANP Media

A number of commentators defend views of privacy that link closelywith accounts stressing privacy as required for intimacy, emphasizingnot just intimacy but also more generally the importance of developingdiverse interpersonal relationships with others. Rachels (1975)acknowledges there is no single answer to the question why privacy isimportant to us, because it can be necessary to protect one’s assetsor interests, or to protect one from embarrassment, or to protect oneagainst the deleterious consequences of information leaks, to namejust a few. Nevertheless, he explicitly criticizes Thomson’sreductionist view, and urges that privacy is a distinctive right. Onhis view, privacy is necessary to maintain a variety of socialrelationships, not just intimate ones. Privacy accords us the abilityto control who knows what about us and who has access to us, andthereby allows us to vary our behavior with different people so thatwe may maintain and control our various social relationships, many ofwhich will not be intimate. An intriguing part of Rachels’ analysis ofprivacy is that it emphasizes ways in which privacy is not merelylimited to control over information. Our ability to control bothinformation and access to us allows us to control our relationshipswith others. Hence privacy is also connected to our behavior andactivities.

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Carefully reviewing these various views, Anita Allen (1988) alsocharacterizes privacy as denoting a degree of inaccessibility ofpersons, their mental states, and information about them to the sensesand surveillance of others. She views seclusion, solitude, secrecy,confidentiality, and anonymity as forms of privacy. She also urges thatprivacy is required by the liberal ideals of personhood, and theparticipation of citizens as equals. While her view appears to besimilar to Gavison’s, Allen suggests her restricted access view isbroader than Gavison’s. This is in part because Allen emphasizes thatin public and private women experience privacy losses that are uniqueto their gender. Noting that privacy is neither a presumptive moralevil nor an unquestionable moral good, Allen nevertheless defends moreextensive privacy protection for women in morality and the law. Usingexamples such as sexual harassment, victim anonymity in rape cases, andreproductive freedom, Allen emphasizes the moral significance ofextending privacy protection for women. In some ways her account can beviewed as one reply to the feminist critique of privacy, allowing thatprivacy can be a shield for abuse, but can also be so valuable forwomen that privacy protection should be enhanced, not diminished.

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Criticism of the constitutional right to privacy has continued,particularly in the popular press, Roe v. Wade may be injeopardy, and many viewed the Bowers decision as evidence ofthe demise of the constitutional right to privacy. Yet in 2003 inLawrence v. Texas (538 U.S. 918), the Supreme Court ruled5–4 that a Texas statute making it a crime for two people of thesame sex to engage in certain intimate behavior violated the guaranteeof equal protection and vital interests in liberty and privacyprotected by the due process clause of the Constitution, thusoverruling Bowers v. Hardwick. Jean L. Cohen (2002) gives atheoretical defense of this inclusive view of the constitutional rightto privacy. She defends a constructivist approach to privacy rightsand intimacy, arguing that privacy rights protect personal autonomyand that a constitutionally protected right to privacy isindispensable for a modern conception of reason and her interpretationof autonomy. Currently many non U.S. countries protect interests inwhat is now called constitutional privacy, without the controversythat is somewhat more common in the U.S. For example, constitutionalprivacy has been used in the U.S. to strike down anti-sodomy laws, andto protect individual choice of one’s marriage partner. InEurope many countries now protect same sex marriage, such as theNetherlands for over 10 years and more recently Germany since2017.

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For some cases in the clash between privacy and advancingtechnologies, it is possible to make a compelling argument foroverriding the privacy intrusions. Drug and alcohol tests for airlinepilots on the job seem completely justifiable in the name of publicsafety, for example. With the development of new and moresophisticated technology, however, recent work on privacy is examiningthe ways in which respect for privacy can be balanced with justifiableuses of emerging technology (Agre and Rotenberg, 1997; Austin, 2003;Brin, 1998; Etzioni, 1999, and Ethics and InformationTechnology, 6, 1, 2004). Daniel Solove (2006) takes seriously thecriticism that privacy suffers from an embarrassment of meanings andthe concern that new technologies have given rise to a panoply of newprivacy harms. He then endeavors to guide the law toward a morecoherent understanding of privacy, by developing a taxonomy toidentify a wide range of privacy problems comprehensively andcompletely. Moore argues that privacy claims should carry more weightwhen in conflict with other social values and interests. For example,he defends the view that employee agreements that undermine employeeprivacy should be viewed with suspicion, and he argues that laws andlegislation prohibiting the genetic modification of humans willunjustifiably trample individual privacy rights (Moore, 2000). He alsodefends the view that free speech and expression should not be viewedas more important than privacy (Moore, 1998). Clearly, in the wake ofthe terrorist attacks on September 11, 2001, the literature on privacyincreasingly focuses on how to balance privacy concerns with the needfor public safety in an age of terrorism. Moore (2000) argues thatviews which trade privacy for security typically strike the wrongbalance and in many cases undermine both (Moore, 2000). Etzioni andMarsh (2003) provide a varied collection of essays on balancing rightsand public safety after 9/11, highlighting views about where thegovernment will need to expand its authority in fighting the waragainst terrorism, and where it risks overreaching itsauthority. Revisions to the U.S. Patriot Act and the extent to whichthere have been increases in surreptitious electronic surveillancewithout court-issued warrants in violation of the Foreign IntelligenceSurveillance Act (FISA) will lead to further debates on the importanceof privacy protection versus governmental power post 9/11. A morerecent example is Edward Snowden’s unauthorized acquisition ofprivileged National Security Agency (NSA) information and his furtherbreach of sharing the information without permission. (Some view himas a hero, others as a traitor.) Although the government needs strongpowers to protect its citizens, the executive branch also needs toprovide a strong voice on behalf of civil liberties and individualrights, including privacy.

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Nevertheless, most theorists take the view that privacy is ameaningful and valuable concept. Philosophical debates concerningdefinitions of privacy became prominent in the second half of thetwentieth century, and are deeply affected by the development ofprivacy protection in the law. Some defend privacy as focusing oncontrol over information about oneself (Parent, 1983), while othersdefend it as a broader concept required for human dignity (Bloustein,1964), or crucial for intimacy (Gerstein, 1978; Inness, 1992). Othercommentators defend privacy as necessary for the development of variedand meaningful interpersonal relationships (Fried, 1970, Rachels,1975), or as the value that accords us the ability to control theaccess others have to us (Gavison, 1980; Allen, 1988; Moore, 2003), oras a set of norms necessary not only to control access but also toenhance personal expression and choice (Schoeman, 1992), or somecombination of these (DeCew, 1997). Discussion of the concept iscomplicated by the fact that privacy appears to be something we valueto provide a sphere within which we can be free from interference byothers, and yet it also appears to function negatively, as the cloakunder which one can hide domination, degradation, or physical harm towomen and others.