Right to privacy in the context of "Personal data"

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⭐ Core Definition: Right to privacy

The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 185 national constitutions mention the right to privacy. Since the global surveillance disclosures of 2013, the right to privacy has been a subject of international debate. Government agencies, such as the NSA, FBI, CIA, R&AW, and GCHQ, have engaged in mass, global surveillance. Some current debates around the right to privacy include whether privacy can co-exist with the current capabilities of intelligence agencies to access and analyze many details of an individual's life; whether or not the right to privacy is forfeited as part of the social contract to bolster defense against supposed terrorist threats; and whether threats of terrorism are a valid excuse to spy on the general population. Private sector actors can also threaten the right to privacy – particularly technology companies, such as Amazon, Apple, Meta, Google, Microsoft, and Yahoo that use and collect personal data.

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Right to privacy in the context of Civil liberties

Civil liberties are fundamental rights and freedoms that governments pledge not to restrict, either through constitutions, legislation, or judicial interpretation, without due process of law. Although the scope of civil liberties differs between countries, they often include the freedom of conscience, freedom of the press, freedom of religion, freedom of expression, freedom of assembly, personal security, personal liberty, freedom of speech, right to privacy, equality before the law, due process of law, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.

Libertarians advocate for the negative liberty aspect of civil liberties, emphasizing minimal government intervention in both personal and economic affairs. Influential advocates of this interpretation include John Stuart Mill, whose work On Liberty argues for the protection of individual freedoms from government encroachment, and Friedrich Hayek, whose The Road to Serfdom warns against the dangers of expanding state power. Ayn Rand's Atlas Shrugged and Ron Paul's The Revolution: A Manifesto further emphasize the importance of safeguarding personal autonomy and limiting government authority. These contributions have played a significant role in shaping the discourse on civil liberties and the appropriate scope of government.

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Right to privacy in the context of Search and seizure

Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.

Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy.

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Right to privacy in the context of Cyberspace

Cyberspace is an interconnected digital environment. It is a type of virtual world popularized with the rise of the Internet. The term entered popular culture from science fiction and the arts but is now used by technology strategists, security professionals, governments, military and industry leaders and entrepreneurs to describe the domain of the global technology environment, commonly defined as standing for the global network of interdependent information technology infrastructures, telecommunications networks and computer processing systems. Others consider cyberspace to be just a notional environment in which communication over computer networks occurs. The word became popular in the 1990s when the use of the Internet, networking, and digital communication were all growing dramatically; the term cyberspace was able to represent the many new ideas and phenomena that were emerging.As a social experience, individuals can interact, exchange ideas, share information, provide social support, conduct business, direct actions, create artistic media, play games, engage in political discussion, and so on, using this global network. Cyberspace users are sometimes referred to as "cybernauts".

The term cyberspace has become a conventional means to describe anything associated with general computing, the Internet and the diverse Internet culture. The U.S. government recognizes the interdependent network of information technology infrastructures and cyber-physical systems operating across this medium as part of the US national critical infrastructure. Amongst individuals on cyberspace, there is believed to be a code of shared rules and ethics mutually beneficial for all to follow, referred to as cyberethics. Many view the right to privacy as most important to a functional code of cyberethics. Such moral responsibilities go hand in hand when working online with global networks, specifically when opinions are involved with online social experiences.

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Right to privacy in the context of Global surveillance

Global mass surveillance can be defined as the mass surveillance of entire populations across national borders.

Its existence was not widely acknowledged by governments and the mainstream media until the global surveillance disclosures by Edward Snowden triggered a debate about the right to privacy in the Digital Age. One such debate is the balance which governments must acknowledge between the pursuit of national security and counter-terrorism over a right to privacy. Although, to quote H. Akın Ünver "Even when conducted for national security and counterterrorism purposes, the scale and detail of mass citizen data collected, leads to rightfully pessimistic observations about individual freedoms and privacy".

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Right to privacy in the context of Closed-circuit television

Closed-circuit television (CCTV), also known as video surveillance, is the use of closed-circuit television cameras to transmit a signal to a specific place on a limited set of monitors. It differs from broadcast television in that the signal is not openly transmitted, though it may employ point-to-point, point-to-multipoint (P2MP), or mesh wired or wireless links. Even though almost all video cameras fit this definition, the term is most often applied to those used for surveillance in areas that require additional security or ongoing monitoring (videotelephony is seldom called "CCTV").

The deployment of this technology has facilitated significant growth in state surveillance, a substantial rise in the methods of advanced social monitoring and control, and a host of crime prevention measures throughout the world. Though surveillance of the public using CCTV cameras is common in many areas around the world, video surveillance has generated significant debate about balancing its use with individuals' right to privacy even when in public.

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