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In 1300 words in Law and legal terms, please do the following mini essay:
Thomson wrote in 1975 that “the most striking thing about the right to privacy is that nobody seems to have any very clear idea what it isâ€. (Thomson JJ 1975 “The right to privacy†(1975) 4 Philosophy and Public Affairs, 4).
Do you think this is true and does it mean it is impossible to regulate privacy in a style everyone finds acceptable?
Introduction
Privacy is a term under the English law defined the legal rights towards the informational privacy, which helps to protect the private or personal information from any illegal or unauthorised disclosure. Thomson has defined the term privacy as “the right to be left alone”. According to the European Convention on Human Rights has been stated that it is not necessary to develop the common law rights of the privacy under the tort law. The English Court has worked on the convention, which helps to introduce the pre-existing relationship with the private information, which is involved with the private information and recognized the publication of private materials.
The quotation has stated, that “ most striking thing about the right to privacy is that nobody seems to have any very clear idea what it is”. The author has been described about the importance of the privacy that there must be some limitations and it must not included the state or public regulation. It is a universal need, which focused on the cultural aspects of the society. The concept of privacy is varying as per the social cultures of the people, which set their own boundaries for their purposes (Thomson, 1975).
The quotation has stated, that “ most striking thing about the right to privacy is that nobody seems to have any very clear idea what it is”. The author has been described about the importance of the privacy that there must be some limitations and it must not included the state or public regulation. It is a universal need, which focused on the cultural aspects of the society. The concept of privacy is varying as per the social cultures of the people, which set their own boundaries for their purposes (Thomson, 1975).
Discussion
The European Convention on Human Rights (ECHR) has been legislated the right of privacy which has enacted through the Human Rights Act 1988.
People are subjected to claim for the misuse of their personal or private privacy against any group or individual in the courts. It is not necessary that a person may publish the issues, which will be made out. In such issues if the corporate got the determination to protect the information then they can rely upon it according to the law of confidence. If the rights are infringed, then the court will provide remedies to the plaintiff by that individual who is liable for such activities.
According to the author, the society has been constructed with the theories like relativism, individualism and scepticism, which works on the right to privacy. Under the UK Law the rights of privacy is generally not regulated or enforceable but is describes the facts that automatically the rights of privacy established when the freedom of expression is generated. It should be protected under the fundamental human rights. If any person infringed the rights, he or she will suffer the consequences.
In the case of AG v Guardian Newspapers Ltd (No 2)3, the rights to privacy has been described where the court has awarded the plaintiff with damages. However, UK has enacted several international treaties for the right to privacy, but they have allowed the limitation of reorganization the privacy rights. In this issues, Locke has been stated his interest to promote the right to private property which should be exclusive, absolute and individual (McMenemy, 2016).
Here, Thomson is not determining with the concept of the right to privacy. The Author thinks that rights of privacy have not enough clear conception where the privacy is violated by whom it has been sensed. The term ‘sensed’ defines that different parts like a person’s voice, parts of the bodies or other products of the body were smelled, tested, heard, tested or seen which are closely attached. The author has described the rights to privacy as the cluster of rights. The Author has been provided an example to violate the rights of privacy. The X-ray machine is actually used for checking the picture but such act is violated the rights. Other than the actual owner has no right to look forward for the pictures through the X-ray machine. It is defined the rights of privacy, which must be consisted with the right to privacy and rights of consisted with the property ownership (Thomson, 1975).
According to the position of the rights to privacy in UK, that those are not subjected properly but they have been developed the judiciary for the doctrine of breach of confidence, which sets the limitations the right to privacy. The Article 8 of the ECHR has been stated to respect for the rights of privacy but provide any such positive rules of regulation for right to privacy. The regulations of ECHR have guaranteed the freedom to privacy but it is found to allege for breached of the individual's right to privacy. However, UK government has guaranteed the right of privacy through the ECHR and the right to confidence. According to the common law rights, the breach of the right to confidence is relied the actions through the invasion of privacy. The duty of confidence is only considered when it works with the person who is involved with the actions of possessions that he or she is subjected to confidential position about the information. It is only subjected with the owner and he has the right to use it privately. The famous case Prince Albert v Strange has been stated the right to confidence protects privacy. It is used for the protection for the private information.
UK government has mainly concerned with private life and private information under the right to privacy. It has includes state surveillance, ID Cards, databases, National DNA databases, Criminal Record Checker and CCTV and ANPR or Automatic Number Plate Recognition.
People are subjected to claim for the misuse of their personal or private privacy against any group or individual in the courts. It is not necessary that a person may publish the issues, which will be made out. In such issues if the corporate got the determination to protect the information then they can rely upon it according to the law of confidence. If the rights are infringed, then the court will provide remedies to the plaintiff by that individual who is liable for such activities.
According to the author, the society has been constructed with the theories like relativism, individualism and scepticism, which works on the right to privacy. Under the UK Law the rights of privacy is generally not regulated or enforceable but is describes the facts that automatically the rights of privacy established when the freedom of expression is generated. It should be protected under the fundamental human rights. If any person infringed the rights, he or she will suffer the consequences.
In the case of AG v Guardian Newspapers Ltd (No 2)3, the rights to privacy has been described where the court has awarded the plaintiff with damages. However, UK has enacted several international treaties for the right to privacy, but they have allowed the limitation of reorganization the privacy rights. In this issues, Locke has been stated his interest to promote the right to private property which should be exclusive, absolute and individual (McMenemy, 2016).
Here, Thomson is not determining with the concept of the right to privacy. The Author thinks that rights of privacy have not enough clear conception where the privacy is violated by whom it has been sensed. The term ‘sensed’ defines that different parts like a person’s voice, parts of the bodies or other products of the body were smelled, tested, heard, tested or seen which are closely attached. The author has described the rights to privacy as the cluster of rights. The Author has been provided an example to violate the rights of privacy. The X-ray machine is actually used for checking the picture but such act is violated the rights. Other than the actual owner has no right to look forward for the pictures through the X-ray machine. It is defined the rights of privacy, which must be consisted with the right to privacy and rights of consisted with the property ownership (Thomson, 1975).
According to the position of the rights to privacy in UK, that those are not subjected properly but they have been developed the judiciary for the doctrine of breach of confidence, which sets the limitations the right to privacy. The Article 8 of the ECHR has been stated to respect for the rights of privacy but provide any such positive rules of regulation for right to privacy. The regulations of ECHR have guaranteed the freedom to privacy but it is found to allege for breached of the individual's right to privacy. However, UK government has guaranteed the right of privacy through the ECHR and the right to confidence. According to the common law rights, the breach of the right to confidence is relied the actions through the invasion of privacy. The duty of confidence is only considered when it works with the person who is involved with the actions of possessions that he or she is subjected to confidential position about the information. It is only subjected with the owner and he has the right to use it privately. The famous case Prince Albert v Strange has been stated the right to confidence protects privacy. It is used for the protection for the private information.
UK government has mainly concerned with private life and private information under the right to privacy. It has includes state surveillance, ID Cards, databases, National DNA databases, Criminal Record Checker and CCTV and ANPR or Automatic Number Plate Recognition.
Thomson has been stated in the statement that the privacy is not subjected to any special matters or able to protect the private rights of any person. The private rights is only protected as per the interest of rights and applicable on the rights to property and bodily security. According to the Thompson’s reductionism, several rights of privacy have been violated. Therefore, such cases can be explained on the basis of the violations of rights over the person or property rights. For being the cluster right, it has been always found overlap the concept of privacy and explained through the rights to bodily security or the rights to the property. He has also describes the facts that the right to privacy is always derivative which means it is not necessary always to find the cluster of privacy rights. It is only get the justification to recognize as ‘derivative’ when the violation of the privacy will actively established the concept the violation of more basic rights (McMenemy, 2016).
There are several remedies are available under the UK law rights which include providing damages or injunctions. Under the ECHR, the several laws have been found compatible for making the declaration about the right of privacy. It also worked on the judicial review, unlawfully declaration under the public authority, prevention of the infringement of the privacy and formation of any order that is appropriate and considers the orders.
Conclusion
The Rights of Privacy is defined as self-evident right which needs special protection for which progressively taken over the right to property. The privacy rights are mostly taken over the right to property where the rights are traditionally depends the various cultures of the mankind. It has not such boundaries but always considered as private property. Most of the personal or intimate matters that are concerned in individual life always actively work freely according to the decision by his or her own concern. It never works according to the decision by the government.
The government has no rights to interfere with the personal aspects until and unless it affected on the national security. The controversies always form the explicit and conflict with the theories. The institution of law has a private sphere, which helps on the decision making process where the government is not allowed to intrude with the facts. The alignment of the privacy is depends on the moral facts. The amendments of the privacy law are only helps to fulfil the gap between the fact of the law and where it has been established.
Therefore, according to the statement of the author, it is partially true. The concept of the rights of privacy is clear that it regulated facts of privacy while in other hand it failed in some places to establish the rights to privacy (Thomson, 1975).
The government has no rights to interfere with the personal aspects until and unless it affected on the national security. The controversies always form the explicit and conflict with the theories. The institution of law has a private sphere, which helps on the decision making process where the government is not allowed to intrude with the facts. The alignment of the privacy is depends on the moral facts. The amendments of the privacy law are only helps to fulfil the gap between the fact of the law and where it has been established.
Therefore, according to the statement of the author, it is partially true. The concept of the rights of privacy is clear that it regulated facts of privacy while in other hand it failed in some places to establish the rights to privacy (Thomson, 1975).
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Attorney General v Guardian Newspapers Ltd (No 2) [1990] 1 AC 109
Clapham, A. (2015). Human rights: a very short introduction. OUP Oxford.
Donnelly, J., & Whelan, D. J. (2017). International human rights. Hachette UK.
Harris, D., O'Boyle, M., Bates, E., & Buckley, C. (2014). Harris, O'Boyle & Warbrick: Law of the European convention on human rights. Oxford University Press, USA.
McMenemy, D. (2016, August). Rights to privacy and freedom of expression in public libraries: Squaring the circle. In IFLA World Library and Information Congress (pp. 1-9).
Prince Albert v Strange [1849]
Smith, D. C. (2017). editorial. Journal of Energy & Natural Resources Law, 35(1), 1-5.
Smith, R. (2018). International Human Rights Law. Oxford University Press.
Spano, R. (2014). Universality or diversity of human rights? Strasbourg in the age of subsidiarity. Human Rights Law Review, 14(3), 487-502.
Thomson, J. J. (1975). The right to privacy. Philosophy & Public Affairs, 295-314.
Clapham, A. (2015). Human rights: a very short introduction. OUP Oxford.
Donnelly, J., & Whelan, D. J. (2017). International human rights. Hachette UK.
Harris, D., O'Boyle, M., Bates, E., & Buckley, C. (2014). Harris, O'Boyle & Warbrick: Law of the European convention on human rights. Oxford University Press, USA.
McMenemy, D. (2016, August). Rights to privacy and freedom of expression in public libraries: Squaring the circle. In IFLA World Library and Information Congress (pp. 1-9).
Prince Albert v Strange [1849]
Smith, D. C. (2017). editorial. Journal of Energy & Natural Resources Law, 35(1), 1-5.
Smith, R. (2018). International Human Rights Law. Oxford University Press.
Spano, R. (2014). Universality or diversity of human rights? Strasbourg in the age of subsidiarity. Human Rights Law Review, 14(3), 487-502.
Thomson, J. J. (1975). The right to privacy. Philosophy & Public Affairs, 295-314.
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