Arguments Made by Malamud Smith Warren and Brandeis on Inherent Value of Privacy - Assignment Example

Warren and Brandeis provide an in-depth analysis of privacy as a right under the law of the land which must be protected under the same rules and regulations as set by the constitution of the land. In this case, privacy is not viewed as being alone or away from others but is based on matters such as trespass on a person’s personal property.
b) Effects of advancing rights to privacy on other rights.

The contravention of the law of slander and libel demands that remedy be attained through treatment of a person’s feelings which tends to interfere with the right of privacy. Absolute protection of the right to privacy may limit the ability of an individual to access other rights that are closely tied. The property right may not be fully achieved if an individual wants to maintain their right to privacy as the property may be located in a place near other people.

c) Protection against libel and slander is not sufficient in the protection of privacy because its remedy only involves the treatment of mere wounded feelings instead of addressing the actual issues that led to the breach of privacy. Breach of an implied contract is insufficient in the protection of privacy in the sense that it does not allow for free interaction between the offender and the person being offended. Hence it limits the exercise of the right of privacy. Loss of property leads to loss of privacy in the search for a lost property or remedy to the loss.

2. Panoptic
a) Soft surveillance uses nonharmful means of carrying out investigations in crime scene investigations such as DNA tests from samples taken from body fluids such as saliva. It involves the application of modern forensic laboratory equipment in the investigation. On the other hand, the panopticon applies the use of technical forms of investigation that may include deep examination of the body parts of the victims at a crime scene. It may include physical torture of suspects so that they can reveal some information.
b) The importance of soft surveillance

The collection of information for search is unseen due to the automated systems. The process does not infringe on the privacy of individuals as one is not expected to disclose all the personal information provided that they are available through their bio-data. The search is done voluntarily and an individual is notified before the search. A case that can be linked to this system of operation is the Kyllo vs. the United States. Read More