MODERN TECHNOLOGY AND CHALLENGES TO PROTECTION OF THE RIGHT TO PRIVACY

Ivana Stepanović

Sažetak


The right to privacy is a fundamental human right and can be categorised as a first generation human right. However, it is one of the most controversial human rights due to the fact that it is not properly defined. The development of technology has changed our understanding of privacy and shifted the boundary between private and public, which has resulted in confusion related to the very meaning of privacy and made us question to what extent we should protect it anyway. Security issues continuously undermine the protection of privacy by imposing the need for more surveillance and control. Instead of being considered as a natural right, the right to privacy is constantly being contested.

In this paper it is analysed how new technologies altered our understanding of privacy and blurred the line between private and public spaces, imposing many challenges to protection of the right to privacy. I argue that these challenges are caused by the lack of definition of privacy and propose that we should rethink the concept itself in order to create a new operative definition which would enable better protection of this fundamental human right which is one of the most important pillars of modern democratic society and protects individuals from despotic controlling powers. 


Pojmovne odrednice


Privacy; The Right to Privacy; Technology; Human Rights; Security

Reference


Bennet, C. J. The Privacy Advocates: Resisting the Spread of Surveillance. Cambridge, Massachusetts: The MIT Press, 2008.

Bentham, J. The Panopticon Writings: Edited and Introduced by Miran Bozovic. London: Verso. 1995.

Blatterer, H. "Social Networking, Privacy, and the Pursuit of Visibility" in Modern Privacy: Shifting Boundaries, New Forms. Blatterer, H., P. Johnson and M. R. Markus, eds. New York: Palgrave Macmillan, 2010.

Brin, D. The Transparent Society: Will Technology Force Us to Choose Between Privacy and Feedom? Reading, PA: Addison-Wesley. 1998.

Council of Europe, New Technologies: a challenge to privacy protection?. Legal Affairs, Strasbourg, 1989.

Deleuze, G. "Postscript on The Societies of Control". L'autre Journal, Nr1, 1990

European Convention on Human Rights, http://www.echr.coe.int/documents/convention_eng.pdf , August 2014

Fletcher, D. "How Facebook is redefining our Privacy". Time. http://www.time.com/time/business/article/0,8599,1990582,00.html, June 2014

Garfinkel, S. Database Nation: The Death of Privacy in the 21st Century. Sebastopol: O'Reilly. 2000.

Gutwirth, S., Y. Poullet, P. De Hert and R. Leenes, Computers, Privacy and Data Protection: an Element of Choice. Brussels: Springer, 2011.

International Covenant on Civil and Political Rights, http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx, August 2014

Johnson, B. "Privacy no Longer a Social Norm" in The Guardian, http://www.theguardian.com/technology/2010/jan/11/facebook-privacy June 2014

Kenyon, A.T. and M. Richardson eds, New Dimensions in Privacy Law. Cambridge: Cambridge University Press 2006.

Locke, J. Two Treatises of Government, in The works of John Locke. In Ten Volumes. Vol. V. London: 1823

Lohr, S. "How Privacy Vanishes Online" in New York Times, http://www.nytimes.com/2010/03/17/technology/17privacy.html?_r=1 June 2014

Mahoney, K. E, and P. Mahoney, eds. Human Rights in the Twenty-first Century, A global Challenge, Part 2. Dodrecht: Martinus Nijhoff Publishers, 1993.

Rule, J. B. Privacy in Peril: How we are Sacrifising a Fundamental Right in Exchange for Security and Convenience. Oxford: Oxford University Press, 2007.

Solove, D. J. Nothing to Hide: The False Tradeoff between Privacy and Security. New Haven and London: Yale University Press, 2011.

The Economist. Horror Worlds, http://www.economist.com/node/17388328, June 2014.

The Universal Declaration of Human Rights, http://www.un.org/en/documents/udhr/ , August 2014

Wittkower, D. E. Ed. Facebook and Philosophy. Chicago and La Salle: Open Court, 2010.


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