ABSTRACT
Warren and Brandeis in their famous 1890 article ‘The Right to Privacy’ found privacy as an implicit right within existing law. Regarded as perhaps the most influential legal essay of all time, it offers concepts that ring as true today as they did in 1890. In defining privacy as an important legal principle implicit in the law, they focused on informational rather than decisional privacy (ie, public disclosure of personal information). Analyzing the 1890 article is an ideal starting point to assess the origins of privacy law and to understand privacy issues from a simpler time in terms of law and technology, and its concepts are thus highly understandable to the masses before diving into more challenging modern issues. It is thus an ideal frame of reference for assessing a path forward. Accordingly, this article compares each key principle from 1890, exploring privacy issues that remain similar versus privacy issues that seem new based on particular advances in technology …
Volini, Anthony, The Right to Data Privacy: Revisiting Warren and Brandeis (April 17, 2023), Northwestern Journal of Technology and Intellectual Property (Fall 2023) Forthcoming.
Leave a Reply