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December 3, 2005

What Privacy in Public?

You privacy minded people, answer me this: What exactly is privacy, and what are the limits of a citizen's right to privacy? If you don't feel like discussing the issue, at least read this story about a gay student who was suspended for making out at school, and who now has been given the go-ahead by a federal judge to proceed with a lawsuit charging that her privacy rights were violated when the principal called home and informed her mother what had led to the suspension.

But in a larger, more general sense, what claim of privacy do you feel is your right? Is your privacy violated in some way if you are followed, photographed, or recorded in public? Why is it illegal to record a telephone call without informing the recorded party? Do you believe in a right to e-nonymity?

Wulf Posted by Wulf on December 3, 2005 at 05:23 PM

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There's quite a leap here - that the student's right to privacy was violated. Using the same logic - the principal would not be permitted to tell the parents that the student in question had left a pipe-bomb in the bathroom, or had threatened to kill her science teacher. This is certainly what I would call "selective privacy." If the student had been disciplined for something else, this wouldn't be an issue.

Now, if the student hadn't been disciplined, I think she might have a little more of a case, but even still it would be questionable at best.

To be followed, photographed, recorded in public --- that starts to be on some very thin ice, and it would certainly depend who was doing the photographing/recording. To allow an agent of the state to engage in such activities is a very orwellian slippery slope.

Phone calls, too. I think there is at the very least an expectation of confidentiality in conversation. Especially with regard to the law. A conversation between A & B is hearsay and accordingly not admissable as evidence, unless it is recorded. The fact that the legal status of the conversation is altered by the presence of a recording device certainly raises some questions about the legitimacy of taping a party who is unaware.

Posted by: doinkicarus at December 4, 2005 2:40 PM


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