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E-book Human Factors in Privacy Research
Warren and Brandeis [23] cite the judge Thomas M. Cooley when making this statement and refer to a section on bodily integrity in his book [6, p. 29] where the original quote reads “The right to one’s person may be said to be a right of complete immunity: to be let alone”[6, p. 29]. However, Cooley mainly refers to the integrity of the human body, specifically to instances of battery, while Warren and Brandeis take “the right to be let alone” to the social domain. Further, Cooley does not attempt to provide a notion of privacy. Also Warren and Brandeis do not attempt to provide a definition of the right to privacy [18], and they argue that privacy should be “part of the more general right to the immunity of the person, – the right to one’s personality”[23, p. 207]. Warren and Brandeis specifically mention early technical devices that allow pictures of individuals to be taken as well as devices that allow eavesdropping conversations from afar mostly referring to the press that might invade people’s private lives. Yet, this leaves room for interpretation what the “the right to be let alone” entails [21]. Nevertheless, this article had quite an impact by motivating privacy laws in the USA because it showed that the tort law did not protect privacy adequately at that time and because privacy violation is an injury to feelings and not to the body [21, 23]. Westin’s Privacy Theory “The right to be let alone”[23, p. 195] was later on extended to individuals that determine what information about themselves should be known to others [24]. The political scientist and lawyer Alan F. Westin influenced how we understand privacy today. Even though several attempts have been made to define privacy later on, no overall definition has been agreed on so far. Solove discussed different existing privacy theories concluding that they mainly are “too narrow, too broad, or too vague” [22, p. 8], and later in his book, he compares the term privacy to the ambiguity of the term animal to highlight how problematic ambiguity can be [22]. The reason for that lies in the complexity of privacy as an umbrella term for different concepts within different disciplines and scopes [22]. Further, privacy has a quite challenging property: it is a highly individual and elastic concept meaning each individual decides what kind of information they wish to keep private [15]. Something that is private information for one individual might be happily shared by another. Further, there are differences in privacy perceptions based on specific contexts, such as culture [15]. Hence, there are different spheres that can impact privacy norms on different levels, such as political, socio-cultural, and personal levels [25].
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