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I think people tend to forget that privacy is not any sort of "natural law" of privacy from which core principles can be gleaned - privacy as a legal principle
by legitster 2y ago
I think people tend to forget that privacy is not any sort of "natural law" of privacy from which core principles can be gleaned - privacy as a legal principle is a modern reactionary response to government and technology.
For most of human civilization, large families shared very intimate living quarters under the direct rule of patriarchs. Modern privacy arguments would make no sense to anyone living in this world. It's only through reaction to new technologies and forms of wrongdoing that privacy principles have been established. Recordkeeping and cheap print introduced disclosure. Photography creates new norms for clothing and private areas. The birth control pill led to all sorts of new norms about public and private selves.
Locke wrote millions of words about fundamental human rights, but never once gave a thought to privacy, and never appeared in the constitution as an explicit thought. Even within our lifetimes, it seemed normal to mail a book to each house in town with a complete list of names, phone numbers, and addresses of all (or most) of the residents! And in 20 years time it might be absurd with what we are putting up with now.
A lot of these cases hinge on things that are pretty bizarre. Whether I can see something with a naked eye vs a 1.5x lens. Whether the data is real time or updated daily. Is the person specifically targeted or was their data captured en masse?
People are going to argue that these things are supposed to be cut and dry, but I have now watched enough Youtube videos of people getting into real world arguments about their right to record neighbors vs the neighbor's rights to privacy that I don't think there is ever going to be a natural equilibrium that ever makes people happy.