A critical analysis of U.S. and UK legislation in the protection of civil liberties. (original) (raw)
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Privacy is an essential element of a free society without which individuals would lose the ability to interact with one another in private. For instance, following the September 11 terrorist attacks in the United States and subsequent attacks on other influential western countries, new laws have been put in place arguably as an effective tool to prevent terrorist attacks and conjointly fight the war on drugs. And with the advancement in police surveillance technology, there is a clash between an individual’s right to privacy and the State’s power to infringe that right. This paper to illustrate the emerging invasion on privacy for the sake of security and in response to terrorism will focus on money laundering, terrorist financing, government investigative surveillance and data mining. Apart from using the Patriot Act of the U.S as the primary source of legislation to illustrate how governments introduce laws, unaccepted by the general population as a clear invasion of their privacy, similar anti-terrorist legislation from other western jurisdictions will be discussed for comparative purposes. Also the paper will shed light on the effectiveness of these new laws on one hand and use case law to illustrate how courts have been reluctant in invalidating laws that infringe constitutionally given right to privacy on the other. As it seeks to give possible alternative measures to deal with acts of terrorism, the paper will argue that right to privacy has seen a shift from its traditional understanding since the emergence of terrorism and therefore, to curb privacy invasion, stricter laws regulating the government’s power to interfere with privacy rights are needed.
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Conventional wisdom paints U.S. and European approaches to privacy at irreconcilable odds. But that portrayal overlooks a more nuanced reality of privacy in American law. The free speech imperative of U.S. constitutional law since the civil rights movement shows signs of tarnish. And in areas of law that have escaped constitutionalization, such as fair-use copyright and the freedom of information, developing personality norms resemble European-style balancing. Recent academic and political initiatives on privacy in the United States emphasize subject control and contextual analysis, reflecting popular thinking that is not so different after all from that which animates Europe's 1995 directive and 2012 proposed regulation. For all the handwringing in the United States over encroachment by anti-libertarian EU regulation, a new American privacy is already on the rise.
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Globalex, NYU School of Law, USA, 2022
After the invention of computers in the 19th century and the Internet in the late 1960s, the vast majority of our work is done online. The dependence on online platforms has increased over the years, and people have begun using diverse online platforms for various purposes, including learning, business, entertainment, socialization, etc. The growing advancement in information and communication technology (ICT) has brought a radical transformation in the communicating process making life easier, faster, and smarter. This landscape also poses tremendous challenges to privacy, as numerous actors collect, store, and share our personal data with numerous third parties, mostly without our knowledge. Over the last couple of decades, the collection, retention, use, and transfer of personal data have become rampant chiefly by government agencies and businesses. To indicate governments’ aptitude toward data processing, George Orwell once warned in his dystopian novel Nineteen Eighty-Four that Big Brother (government authorities) is always watching you. This trend of government-sponsored data processing has increased significantly over time, especially, after September 11, 2001. While business’s data processing has also become evident by new business models that are mostly grounded on personal data. In course of time, the personal data market has become global due to the constant increase of the access and use of the Internet. Eventually, personal data has evolved as the main fuel of the 4th Industrial Revolution era. In such an atmosphere, ordinary citizens, being private individuals, or consumers desire to have adequate legal protections for their privacy rights. Thus, the worldwide debate on privacy concerns has become apparent. Keeping this in mind, this article aims to explore some basic aspects of privacy, including the meaning, value, historical development, challenges, and legal protections as ensured in international, regional, and national legal frameworks.
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The right to privacy seems to occupy an entirely natural place within the structure of human rights; for many years now there has been an established jurisprudence on the right to privacy coming from the European Court of Human Rights in Strasbourg. At the same time, there have been fundamental conceptual (Thomson, Geuss) and normative (McKinnon) criticisms of the right to privacy. Against these critics, I argue, first, that it is possible to articulate a systematic normative conception of privacy, which explains and supports a general right to privacy; and second, that the right to privacy lies at the very heart of a human right to freedom and autonomy. Without reference to a right to privacy, many other rights to freedom are not realizable. I first develop a normative conception of privacy and its different dimensions, and in a second step take a closer look at the jurisprudence of the ECHR by considering some examples, in order to understand what role the right to privacy plays in the Court's decisions. The right to privacy, far from being reducible to other rights or detrimental to the rights and needs of women, occupies a central place on the list of human rights.
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