Privacy and the Press

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- The document discusses the history of privacy rights in the US from Louis Brandeis' 1890 article on the right to privacy through Supreme Court cases like Griswold v. Connecticut and Roe v. Wade. - It outlines Brandeis' view that the Constitution is an evolving document and his argument for an implicit right to privacy, including being left alone and having privacy over one's personal life. - The article proposed adapting copyright laws to cover privacy violations and outlined six principles for the emerging right to privacy.

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PRIVACY AND TECHNOLOGY IN THE TWENTY-FIRST CENTURY Mark A. Rothstein We live in a society increasingly dependent on and enamored by technology, including communications, surveillance, forensic, health care, and other forms of technology. Yet, we also purport to value privacy. Is it possible to have both technology and privacy—to realize the benefits of technology without compromising privacy? Do current laws provide adequate protections in light of new technologies? These are difficult questions and, to start, we need to define what we mean by privacy. Privacy has different aspects or dimensions,' including informational,' physical,^ decisional," proprietary,^ and relational or associational* privacy. This talk will focus primarily on informational privacy, which fits well within the general definition of privacy as a condition of limited access to an individual or information about an individual.' The related concept, confidentiality, is defined as a condition under which information obtained or disclosed within a confidential relationship is not redisclosed without the permission of the individual.^ Security is defined as personal, physical, and electronic measures granting access to certain information to persons or entities authorized to receive it and denying access to others.' Any discussion of the law of privacy, especially in this building, should start with Justice Brandeis. As many of you know, Brandeis coauthored a famous law review article in 1890 with his law partner, Samuel D. Warren, * Herbert F. Boehl Chair of Law and Medicine, University of Louisville School of Medicine. Nicholas Craddock, J.D. 2014, provided excellent research assistance. Annotated and expanded version of remarks for Constitution Day, September 17, 2013, at the Brandeis School of Law, University of Louisville. ' TOM L. BEAUCHAMP & JAMES F . CHILDRESS, PRINCIPLES OF BIOMÉDICAL ETHICS 312 (7th ed. 2013) (principally relying on the work of Anita Allen). ^ Id ^ Physical privacy focuses on persons and their personal spaces. Id. * Decisional privacy concerns personal choices. Id. Proprietary privacy involves property interests in the person, such as a person's image. Id. ' Relational or associational privacy includes the family and similarly intimate relations. Id. ' NAT'L COMM. ON VITAL & HEALTH STATISTICS ( N C V H S ) , PRIVACY AND CONFIDENTIALITY IN THE NATIONWIDE HEALTH INFORMATION NETWORK (2006), available at www.ncvhs.hhs.gov/060622 /t.htm. ' See id ' See id 333 334 UNIVERSITY OF LOUISVILLE LAW REVIEW [Vol. 52:333 called "The Right to Privacy."'" What was their motivation for writing it? Warren was married to the former Mabel Bayard, the daughter of Senator Thomas F. Bayard of Delaware, a leading Democrat who unsuccessfully sought his party's presidential nomination three times." As a society couple, Samuel and Mabel Warren were featured frequently in the press. In fact, according to one study, between 1882, when they were first engaged, and .

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