The Right to Privacy: Historical and Conceptual Framework

Abstract

The history of privacy has evolved through several stages, beginning with protection against physical intrusions into households and extending today to encompass broader values such as human dignity and liberty. Despite these developments, no single, universally accepted definition of privacy exists. While reductionists deny that privacy has independent value, this view has been weakened by the widespread recognition of privacy as a fundamental right. The most distinctive feature of privacy lies in the sanctity of information itself, irrespective of whether that information is true or false. The general discourse surrounding privacy can be summarized through the following notions: liberty, control, and dignity. Together, these notions can form the basis for a comprehensive definition of privacy. Therefore, any definition of privacy must include them all, particularly dignity, as it reflects the intrinsic value of privacy. Moreover, beyond these moral justifications, a sound definition of privacy should also specify the types of data that merit protection, ensuring clarity and consistency in legal interpretation.