The disclosure of a person's sensitive data constitutes a violation of their right to privacy.
The right to privacy is the power that an individual has to protect their personal information and those acts that pertain to their intimate life . This protection covers the actions and data of a subject that cannot be disseminated without their consent .
It is important to keep in mind that a right is a power that guarantees a human being to demand or do what the laws establish in their favor. Privacy , meanwhile, is what is carried out at a personal, family or domestic level, without formalities and in the sight of no one or few.
In this way, the right to privacy is associated with the care of privacy . A person's sensitive data, which concerns their image , integrity and honor, cannot be disclosed without their endorsement.
History of the right to privacy
The history of the right to privacy has its origins in the 18th century . Although, in one way or another, people previously also sought to protect certain intimate issues, the relationship between that claim and a legal or political resource is not that old.
It was in English law where, taking as a starting point an aphorism that "every man's house is his castle," the home was established as a space of inviolable personal protection, even for monarchs. At the end of the 19th century , in the United States , an article by Louis Brandeis and Samuel D. Warren appeared that defined privacy as the right to be alone and not be disturbed, thus associating anonymity with autonomy.
In this framework, the American judge Thomas M. Cooley presented a treatise on constitutional law in 1868 where he cited the aforementioned British aphorism and related three amendments to the Constitution of his country with the protection of privacy ( data privacy ). For Cooley , the legal guarantees of domicile extend to the protection of the individual's data against the actions of rulers and judicial processes.
Currently the right to privacy is guaranteed in most legal systems. In fact, the Universal Declaration of Human Rights includes a reference to private life, mentioning that it cannot be "the object of arbitrary interference" or "attacks" , also referring to the care of reputation and honor.
The right to privacy may be violated by failures in network security.
A social change
As we already indicated, the idea of privacy does not have a great legal tradition. Nor does it have a broad philosophical background or extensive practical application.
It is believed that in prehistory, for example, the concept of privacy did not exist . For a long time, all efforts were oriented towards survival because there were no technical resources to resolve various issues: therefore, servants and masters could sleep in the same bed to avoid suffering from the cold, to mention one reality.
As progress was made in solving domestic and everyday problems and comfort was gained, privacy emerged as a value. Little by little, certain acts were hidden from the view of others and what we today understand as the intimate sphere of each individual began to be safeguarded. Even, as we mentioned above, it was established in the laws that not even governments could subjugate that privacy.
However, in recent decades the panorama has changed again. Information and communication technologies (ICT) put at risk or directly violate privacy, sometimes in a hidden way and in others by raising it directly with the approval of the subjects. It is common for an Internet user to agree to give up private data (their full name, document number, address, telephone number, etc.) in exchange for access to a service, for example.
The violation of the right to privacy is also a consequence of measures aimed at protecting security . From video surveillance cameras installed on public roads to state interference in telephone calls and emails to prevent terrorism, there are many factors that threaten privacy every day.
Employer monitoring cannot affect the worker's right to privacy.
Digital identity and the right to privacy
The notion of digital identity refers to the personal information of an individual that is available on the Internet or that is managed by a virtual platform. Someone can voluntarily provide their data in a registration process, but there is also content that websites collect with tracking cookies and other tools.
In general, the habits of Internet users are monitored and taken advantage of by companies. Although companies must inform their privacy policy, many times users do not assert their right to privacy .
Data collection allows a platform to offer targeted advertising , which is a great advantage for the advertiser. It also helps you provide personalized experiences.
Navigators, however, have several resources to maintain confidentiality and achieve identity protection. There are anonymity tools that contemplate private browsing , to indicate one possibility.
On the other hand, it should be noted that the right to privacy can be violated by criminals. Taking care of Internet security is key to protection against identity theft : that is why encryption of communications, the use of firewalls and other cybersecurity mechanisms are required.