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Principles of confidentiality
Principles of confidentiality
Explain legal and ethical issues arising from confidentiality
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A well-entrenched axiom in modern society is a person’s right to keep his or her thoughts private. When this privacy of mind conflicts with another’s privacy of action or speech, however, a compromise must be found. A person’s knowledge about another individual is one such case. The person with knowledge may not want to share he has it, while the other individual wants to know who has information about her. Charles Fried in his essay “Privacy” suggests these desires for privacy stem from the recognition that being able to keep things private gives significance to sharing them (Fried 484). To Fried, choosing to share information is the foundation of any relationship (Fried 480-481). In contrast to Fried’s focus on the individual’s basic right …show more content…
As Fried points out, if all actions were considered public, “fear of disapproval or retaliation” might prevent people from doing things they would otherwise do (Fried 484). To build on this point, the true privacy of those actions is irrelevant if the potential actor does not know how much privacy he has; he would be forced to assume he has none. Only by knowing what actions he performs will be made public can a person be free to …show more content…
The inmate not only must know what could be known about him—that he is being monitored—he also must know who would know this. According to Fried’s own definition, trust is the “reliance on a disposition … to deal fairly with others” (Fried 481). Based on this, if the boss has no knowledge his employee is being watched—is relying on the parolee’s character—he trusts him. Consequently, the parolee can feel trusted, but only if he knows who has the information that he is monitored. This resolves Posner’s requirement that societal benefit be maximized, while also taking into account Fried’s need for individual
The word “privacy” has a different meaning in our society than it did in previous times. You can put on Privacy settings on Facebook, twitter, or any social media sights, however, nothing is truly personal and without others being able to view your information. You can get to know a person’s personal life simply by typing in their name in google. In the chronicle review, “Why Privacy Matters Even if You Have ‘Nothing to Hide,'" published on May 15th 2011, Professor Daniel J. Solove argues that the issue of privacy affects more than just individuals hiding a wrong. The nothing-to-hide argument pervades discussions about privacy. Solove starts talking about this argument right away in the article and discusses how the nothing-to-hide
Rosen portrays our society as completely exposed, giving up all privacy to join, and fit in with the “naked crowd”. Rosen claims that we willing give up all power of privacy in order to fit in with society and be accepted as someone that can be trusted through exposure. He claims that image is the key to establishing trust, not through a relationship or conversation. His thesis presents his views on the subject, “has led us to value exposure over privacy? Why, in short, are we so eager to become members of the Naked Crowd, in which we have the illusion of belonging only when we are exposed?”(Rosen) he states that we value exposure over privacy, and will give away privacy to fit in.
The problem with secrecy is that information leaked is often illegitimate damaging the legitimacy of prisons
Privacy postulates the reservation of a private space for the individual, described as the right to be let alone. The concept is founded on the autonomy of the individual. The ability of an individual to make choices lies at the core of the human personality. The Supreme Court protected the right to privacy of prostitute. The autonomy of the individual is associated over matters which can be kept private. These are concerns over which there is a legitimate expectation of privacy. Privacy has both a normative and descriptive function. At a normative level privacy sub-serves those eternal values upon which the guarantees of life, liberty and freedom are founded. At a descriptive level, privacy postulates a bundle of entitlements and interests
Privacy does not have a single definition and it is a concept that is not easily defined. Information privacy is an individual's claim to control the terms under which personal information is acquired, disclosed, and used [9]. In the context of privacy, personal information includes any information relating to or traceable to an individual person [ 1]. Privacy can be defined as a fundamental human right; thus, privacy protection which involves the establishment of rules governing the collection and handling of personal data can be seen as a boundary line as how far society can intrude into a person's affairs.
“They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”(Benjamin Franklin). Privacy is considered a civil liberty issue. It reflects the American fundamental values such as civil liberties, limited government, and individualism. It covers the whole range of civil liberties spectrum and it holds every aspect of our life. It plays a major role on our daily lives and it is also a main structure in the future of democratic political system (Wemmer, 2012.) Privacy has evolved overtime, privacy can be interpreted from the First ,Third, Fourth, Fifth, Ninth, Fourteenth Amendments in the Constitution; however Americans don’t consider the importance of privacy until cases such as Griswold v. Connecticut (381 U.S. 479, 1965), Roe v. Wade (410 U.S. 113, 1973), Mapp v. Ohio (367 U.S. 643, 1961) are brought to the court.
All humans have some desire for privacy, but people have different boundaries to what information about them should be private. Problems arise with these widely varying definitions. What one person may define as a casual curiosity, another may define as a blatant invasion of privacy. Often, these disagreements find themselves in court rooms, and have been subjects of some of the most controversial court cases ever.
The word “privacy” did not grow up with us throughout history, as it was already a cultural concept by our founding fathers. This term was later solidified in the nineteenth century, when the term “privacy” became a legal lexicon as Louis Brandeis (1890), former Supreme Court justice, wrote in a law review article, that, “privacy was the right to be let alone.” As previously mentioned in the introduction, the Supreme Court is the final authority on all issues between Privacy and Security. We started with the concept of our fore fathers that privacy was an agreed upon concept that became written into our legal vernacular. It is being proven that government access to individual information can intimidate the privacy that is at the very center of the association between the government and the population. The moral in...
As said by Eric Hughes, "Privacy is the power to selectively reveal oneself to the world. " 2 As written by Supreme Court Justice Louis Brandeis in 1928, the right most valued by the American people was "the right to be left alone". " 3 Previously it took a lot of equipment to monitor a person's actions, but now with technology's development and advancement all it requires is a computer. And there are many mediums which can be monitored, such as telephones, email, voice mail, and computers.4 People's rights are protected by many laws, but in private businesses there are few laws protecting an individual's rights.
As society has progressed, there have been many new innovative and unbelievable developments in almost all aspects of life that have ultimately created an impact. More specifically, advancements in technology have rather had a much larger and intense impact on society as it continues to grow. Technology has allowed for many great and useful applications that has made life much easier and convenient. However, many aspects of technology have given a rise to a number of social and ethical issues, causing numerous debates and concerns. One of the more prominent concerns deals with the issue of privacy rights.
Perhaps the founder of Facebook, Mark Zuckerberg, said it best when he claimed that privacy is no longer a “social norm.” Virtually everyone has a smart phone and everyone has social media. We continue to disclose private information willingly and the private information we’re not disclosing willingly is being extracted from our accounts anyway. Technology certainly makes these things possible. However, there is an urgent need to make laws and regulations to protect against the stuff we’re not personally disclosing. It’s unsettling to think we are living in 1984 in the 21st century.
Tons of people who know your name or username can access your personal information if you don’t lock your privacy settings tight. For instance, page 2 of the eBook states that tons of people on the website can access our personal information. In addition, page 6 of the eBook shows similar situation where Amy did not lock her privacy settings and someone hacked her accounts and posted bad stuff on her account page regarding a person who she thought was cute. This incident is evidence of being hacked or someone accessing your personal information if you do not set your privacy settings on.
If people feel comfortable in their surroundings then privacy is not a concern. At other times, people feel violated when they are subject to random searches; this random factor is what other people consider wrong. People feel intruded on when they see a roadblock ahead or a request to see their driver’s license when writing checks. Others are interrupted at dinner by the phone ringing from telemarketers. This selling of information is what the Europeans call data protection. If the data is not kept private, things such as credit card numbers could be stolen over the phone.
With continuing revelations of government surveillance, much has been said about the “trade-off” between privacy and security and finding the “right balance” between the two. As Michael Lynch, a professor of philosophy at the University of Connecticut, wrote in an opinion piece in the New York Times, “this way of framing the issue makes sense if [one] understand[s] privacy solely as a political or legal concept.” In this context, the loss of privacy might seem to be a small price to pay to ensure one's safety. However, the relevance of privacy extends far beyond the political and legal sphere. Privacy – or the lack thereof – affects all aspects of one's life; it is a state of human experience.