5 Matching Annotations
  1. Sep 2017
    1. right to privacy must be forsaken in the interest of welfare entitlements provided by the State

      privacy is an elitist concern

    2. that there is a statutory regime by virtue of which the right to privacyis adequately protected and hence it is not necessary to read a constitutional right to privacy into the fundamental rights. This submission is sought to be fortified by contending that privacy is merely a common law right and the statutory protection is a reflection of that position

      A statutory and common law right to privacy negates the need for a constitutional right

    3. dangers of privacy when it is used to cover up physical harm done to women by perpetrating their subjection.

      Feminist critique of privacy

    4. privacy should be protected only when access to information would reduce its value such as when a student is allowed access to a letter of recommendation for admission, rendering such a letter less reliable. According to Posner, privacy when manifested as control over information about oneself, is utilised to mislead or manipulate others

      Economic critique of privacy - posner

    5. Judith Jarvis Thomson,in an article published in 1975, noted that while there is little agreement on the content of privacy, ultimately privacy is a cluster of rights which overlap with property rights or the right to bodily security. In her view, the right to privacy is derivative in the sense that a privacy violation is better understood as violation of a more basic right

      Reductionist critique of privacy - JJ Thomson used by respondents to support the argument that privacy itself is not a right, but privacy violations may lead to other violations.