Privacy Law: Practical and Moral - Essay Example

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This paper will briefly examine the law of privacy in the UK, and analyse whether infringements of privacy can be linked to moral considerations. It thus seems that indeed both a moral and practical approach is required in relation to the infringement of privacy.  …
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Privacy Law: Practical and Moral
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Download file to see previous pages Contained in article 8(1) of the European Convention on Human Rights, the freedom of privacy afforded to individuals is based on the premise that individuals have the right to live their personal lives freely without unjustified interference. Of course, exceptions exist, and article 8(2) allows infringements of privacy to occur provided they are prescribed by law and considered necessary to preserve or protect certain interests such as the protection of health, morals, public safety and national security. The law of privacy’s initial birth was intended as a form of protecting individuals against the state, primarily in response to the latter’s powers of detention.
The scope of privacy under article 8 is somewhat broad, and it has been argued that its boundaries should be more clearly defined in UK law. Previous attempts of the courts to define privacy simply as the freedom to live one’s life as he/she chooses. However, more comprehensive (and indeed lengthy) definitions have been interpreted to include “the personal space in which the individual is free to be itself, and also the carapace...which protects that space from intrusion”. As one can see, the scope and boundaries of privacy law are somewhat confusing, and certainly difficult to define with any degree of clarity. While this affords this area of law a considerable degree of flexibility, it also requires close examination of what considerations serve to contribute to the justification (or not) of infringements of privacy. ...Download file to see next pagesRead More
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