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Right to privacy
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== History == The concept of a human ''"right to privacy"'' begins when the Latin word ''ius'' expanded from meaning "what is fair" to include "a right β an entitlement a person possesses to control or claim something," by the [[Decretum Gratiani]] in [[Bologna]], Italy in the 12th century.<ref name="SD">{{Cite web|url=https://core.ac.uk/download/pdf/225567428.pdf|title=The Human Right to Privacy|author=James Griffin|publisher=San Diego Law Review|page=3|date=1 November 2007|volume=44|issue=4|access-date=29 September 2020}}</ref> In the United States, an article in the 15 December 1890, issue of the ''[[Harvard Law Review]]'' entitled "[[The Right to Privacy (article)|The Right to Privacy]]," written by attorney [[Samuel D. Warren II]] and future U.S. Supreme Court Justice [[Louis Brandeis]], is often cited as the first explicit finding of a U.S. right to privacy. Warren II and Brandeis wrote that privacy is the "right to be let alone," and focused on protecting individuals. This approach was a response to recent technological developments of the time, such as photography and sensationalist journalism, also known as "[[yellow journalism]]."<ref name="Brandeis">{{cite journal |last1=Warren |first1=Samuel |last2=Brandeis |first2=Louis D. |year=1890 |title=The Right to Privacy |url=http://www.law.louisville.edu/library/collections/brandeis/node/225 |journal=[[Harvard Law Review]] |volume=4 |issue=5 |pages=193β220 |doi=10.2307/1321160 |jstor=1321160 |access-date=3 May 2022 |url-status=dead |archive-url=https://web.archive.org/web/20081023033917/http://www.law.louisville.edu/library/collections/brandeis/node/225 |archive-date=23 October 2008|url-access=subscription }}</ref> Privacy rights are inherently intertwined with information technology. In his widely cited [[dissenting opinion]] in ''[[Olmstead v. United States]]'' (1928), Brandeis relied on thoughts he developed in the article "The Right to Privacy."<ref name=Brandeis/> In that dissent, he urged that personal privacy matters were more relevant to [[constitutional law]], going so far as to say that "the government was identified as a potential privacy invader." He writes, "Discovery and invention have made it possible for the Government, by means far more effective than stretching upon the rack, to obtain disclosure in court of what is whispered in the closet." At that time, telephones were often community assets, with shared party lines and potentially eavesdropping [[switchboard operator]]s. By the time of ''[[Katz v. United States|Katz]]'', in 1967, telephones had become personal devices with lines not shared across homes and switching was electro-mechanical. In the 1970s, new computing and recording technologies raised more concerns about privacy, resulting in the [[FTC Fair Information Practice|Fair Information Practice Principles]]. In recent years, there have been few attempts to clearly and precisely define the "right to privacy."<ref>{{Cite web|last=Sharp|first=Tim|title=Right to Privacy: Constitutional Rights & Privacy Laws|url=https://www.livescience.com/37398-right-to-privacy.html|access-date=7 November 2020|website=livescience.com|date=12 June 2013|language=en}}</ref>
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