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The Particularized Judgment Account of Privacy

Res Publica 17(3): 275-290 (2011)

24 Pages Posted: 5 Apr 2007 Last revised: 15 Nov 2014

Alan Rubel

University of Wisconsin, Madison - Information School; University of Wisconsin, Madison - Program in Legal Studies

Date Written: July 1, 2010

Abstract

Questions of privacy have become particularly salient in recent years for a number of reasons, including the surveillance and information-gathering initiatives precipitated by the attacks on the World Trade Center in 2001, the steady increase in the power of surveillance and computing technologies, and massive collection of data about individuals by private actors for commercial purposes. And while privacy is not new to the philosophical and legal literature, there is much left to be said about the nature and value of privacy. My focus in this paper is on the nature of informational privacy. I begin with a brief discussion of the predominant views of privacy in the literature, and I argue that those accounts are unsatisfactory. I then offer a new account. On my view, for a person to have informational privacy is for there to be limits on the particularized judgments that others are able to reasonably make about that person.

Keywords: privacy, right to privacy, information, informational privacy

Suggested Citation

Rubel, Alan, The Particularized Judgment Account of Privacy (July 1, 2010). Res Publica 17(3): 275-290 (2011). Available at SSRN: https://ssrn.com/abstract=978348

Alan P. Rubel (Contact Author)

University of Wisconsin, Madison - Information School ( email )

4217 HC WHite
600 N. Park St.
Madison, WI 53706-1481
United States

University of Wisconsin, Madison - Program in Legal Studies ( email )

4217 HC WHite
600 N. Park St.
Madison, WI 53706-1481
United States

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