Analysis: The Right To Privacy

The terms privacy, consent, and what constitutes as an invasion of privacy seem to, vary from one generation to the next. In today’s culture and climate where a dependency on technology is increasing at a rapid pace. Nearly every individual requires some form of tech or device to complete daily tasks and gain access to information. This in turn allowed for the growth of surveillance to grow beyond merely a tool used for observation. This essay aims at arguing how Warren and Brandeis, the authors of the article, “The Right to Privacy” would view privacy issues stemming from the implementation of surveillance in the 21st century. The first article, “The Dangers of Surveillance” by Neil M. Richards will introduce issues surrounding the home and …show more content…
Simply discarding items that can be regarded as waste now poses a threat in the sense that “finders of the item can do with it whatever they want” (Rothstein 342). By picking up an item containing the DNA of an individual it's possible to perform what is know as a DNA genome sequencing which gives the testers a wealth of information including an “individual's current and future health as well as well as familial risk factors, parentage, ancestral origin, and other information (Rothstein 342). Having access to this kind of information may not impact the average citizen but the repercussions for important figures such as politicians and other government officials are endless. Warren and Brandeis believed that modern inventions lead to the subjection of individuals to “mental pain and distress, far greater than could be inflicted by mere bodily injury” (196). The pair could argue that surreptitious testing is intruding on the daily lives of both public and private citizens, subjecting them to the possibility of psychological trauma and stress. Much of their work implies that there is a need for lines to be drawn and boundaries to be set for the limits that an individual's privacy can be …show more content…
The pair expressed the desire and necessity to draw lines and restructure the common law to adapt to the impending presence of the media in the daily lives of citizens and to protect intellectual property. In addition to an individual's fundamental right “to be left alone”. They made claims that psychological distress for an individual can arise from an invasion of privacy. The validity of their claims has to a certain degree withstand the test of time despite the countless technological advancements. The work done by Warren and Brandeis laid the framework for today’s argument on why privacy is a fundamental right that needs to be