PRIVACY SEMINAR: Historical Notions of Privacy in Latin America

The Oxford Handbook of Constitutional Law in Latin America, 2021

This chapter focuses on the right to privacy as primarily involving the control of information about oneself. Section 2 presents a brief comparative, descriptive analysis of how nineteen Latin American constitutions have enshrined different dimensions of this right to control over information about oneself. Section 3 discusses the protection of personal data and the Habeas Data, a right/remedy that many constitutions in the region have enshrined for the protection of aspects of privacy and personal data, and which is considered to be one of the distinct Latin American contributions to the global constitutional repertoire. Section 4 focuses on the emerging idea of a 'right to be forgotten' while Section 5 concludes with broader considerations on some of the trends and commonalities that can be identified in the region.

Oxford Scholarship Online

This chapter covers surveillance and privacy protection in Latin America providing examples, principles, and suggestions. The first part offers an overview of governmental surveillance regulation through an analysis of existing legislation in Argentina, Colombia, Mexico, and Peru. It should be noted that this analysis merely seeks to identify trends in legal frameworks, rather than provide a comprehensive account of existing laws. Regulating state surveillance and creating a precedent of rights protection both off- and online is critical. To provide a more nuanced and updated understanding of how human rights should be protected online, the second part of this chapter examines several sets of principles that have been created by civil society actors, technical experts, and human rights specialists. The chapter compares those principles with the actual legislation in the four countries surveyed. Finally, the chapter concludes with some suggestions for future policymaking concerning c...

2018

The Handbook of Privacy Studies, 2018

In: Keresztes, Gábor (ed.): Tavaszi Szél 2016 Tanulmánykötet I., Budapest, Doktoranduszok Országos Szövetsége, 2016

The protection of privacy cannot be separated from technological development: nowadays, due to the development of science and technology, the possibility to intrude into someone's privacy has increased. The law has to react to these changes, ensuring the legal protection of privacy. However, in order to ensure this protection, first of all it is necessary to determine the subject of this protection: privacy. Privacy itself is as old as mankind, however, it was not always a legally protected right. What is considered to be private and what is legally protected as private can differ. One of the most important issues concerning legal privacy protection is that -according to several privacy scholars and the European Court of Human Rights -it is not possible to give an exhaustive legal definition of the subject of privacy protection. The importance of privacy can be related to the fact that privacy has a very close connection with human dignity, freedom and independence of the individual, and it is more and more challenged in the age of the rapid technological development of the information society. The aim of the study is to present the historical development of privacy in order to better understand the concept of privacy and to find a solution to how privacy can be effectively protected in the information society. First, I am going to discuss the short history of privacy, then its already existing definitions, then the way international -especially European -legal regulations regulate the protection of private life, and finally I am going to outline the current challenges posed by the information society. As a result of my study, I will make some recommendations about how the existing regulations should protect privacy nowadays.

The Journal of Social Sciences Research, 2019

A fundamental point that occupies us in the present analysis is that contents are framed within the dimensions of the right to intimacy, and to privacy since in this respect there is no clear definition in the Political Constitution of the United Mexican States and the Supreme Court of Justice of the Nation does not clarify both terms either. The improvements in the quality of life that have been reported and the new ways of promoting the dignity of people have found in communication technologies new ways of attacking personal rights by those who use these new media for illicit purposes. They are more difficult attacks to investigate, prosecute and punish given the current technological characteristics and that have generated new phenomena that disrupt the intimacy and privacy of people. Therefore, one of the central themes of this discussion is in the proper definition and limits of intimacy and privacy. Both are fundamental and indispensable rights in the development of the people...

Protecting the Genetic Self from Biometric Threats

This chapter examines not only the history of the term privacy but also its international recognition as a fully protected right. Given the wide array of definitions of privacy, it can be said that the term seeks its identity. Depending on time and space, this right has had various traits, beyond the obstacles of a strict definition. The aspects or features of the term are those that lead to the necessity of its international recognition and protection, especially in the present digital and technological environment, where its foundation is reconsidered and internationally protected in an effective way.

Technology and Society (ISTAS), 2010 …, 2010

In this polemical paper we present a Socratian dialogue that both critiques privacy and addresses its value. The purpose of this dialogue is to address questions that are often begged in the contemporary discourse around privacy, surveillance and technology — a discourse that assumes that privacy is a personal and social good without necessarily arguing the case. To prosecute the debate we have Aspicio — who will argue that privacy is a condition that is not only limited as a personal and social good, but is undesirable in many important respects. Aspicio is confronted by Occulto, who will argue that privacy is a condition that can and should be obtained and defended In the course of the dialogue our interlocutors discuss privacy as a right; privacy and modernity; privacy, the public sphere and the private sphere; privacy and individualism; the value of surveillance; and privacy, embarrassment and shame.

Bajo Palabra

The article examines the evolution inthe jurisprudential construction of theright to privacy, particularly the extensionof its scope of protection to includethe effective protection of one’s own personaldevelopment.In particular, it examines this evolutionin the case law of the ECtHR and itsimpact on Spanish constitutional jurisprudence.The article suggests some problemsto which this broad understandingof privacy may give rise. The confusionbetween desires and rights and the devaluationof the latter as a legal category arefundamental aspects of the analysis.

Proceedings of the Aristotelian Society for the Systematic Study of Philosophy, 2017

The right to privacy seems to occupy an entirely natural place within the structure of human rights; for many years now there has been an established jurisprudence on the right to privacy coming from the European Court of Human Rights in Strasbourg. At the same time, there have been fundamental conceptual (Thomson, Geuss) and normative (McKinnon) criticisms of the right to privacy. Against these critics, I argue, first, that it is possible to articulate a systematic normative conception of privacy, which explains and supports a general right to privacy; and second, that the right to privacy lies at the very heart of a human right to freedom and autonomy. Without reference to a right to privacy, many other rights to freedom are not realizable. I first develop a normative conception of privacy and its different dimensions, and in a second step take a closer look at the jurisprudence of the ECHR by considering some examples, in order to understand what role the right to privacy plays in the Court's decisions. The right to privacy, far from being reducible to other rights or detrimental to the rights and needs of women, occupies a central place on the list of human rights.