Lost Honor of Katharina Blum Question #7: A Constitutional Right?

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Lost Honor of Katharina Blum Question #7: A Constitutional Right?

Unread postby fireflydances » Sun Feb 16, 2014 11:25 pm

Currently the US Constitution doesn’t include the right to privacy. Do you think it should?
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Re: Lost Honor of Katharina Blum Question #7: A Constitutional Right?

Unread postby nebraska » Mon Feb 17, 2014 12:32 pm

There have already been a couple of remarks here to suggest privacy is a word that means different things to different people.
What worries me about a constitutional right is that it will just give the politicians and lawyers more fodder for controversy and endless legal moves that benefit no one but themselves in the long run.
Look at all the battles now about the constitutional right to life and the right to bear arms. Surely we don't need more of that!
A better solution might be to restore discipline in the schools and home and go back to some old fashioned values. But in the rapidly changing world of technology and communication, I don't think there is any going back with any realistic hope. It may be up to each of us as individuals to self-monitor and behave the way we wish everyone would behave.

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Re: Lost Honor of Katharina Blum Question #7: A Constitutional Right?

Unread postby stroch » Mon Feb 17, 2014 7:10 pm

The right to privacy has been invoked via the due process clause of the 14th Amendment. It was the basis of Roe v. Wade and several other Supreme Court decisions.

These days it does not matter what the Constitution says -- it will be interpreted according to the ruling party, or ignored by agencies with no public oversight.
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Re: Lost Honor of Katharina Blum Question #7: A Constitutional Right?

Unread postby Buster » Mon Feb 17, 2014 8:12 pm

I think it would be extremely tricky to define privacy.
(Pursuit of Happiness, anyone?)

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Re: Lost Honor of Katharina Blum Question #7: A Constitutional Right?

Unread postby fireflydances » Mon Feb 17, 2014 8:39 pm

Well, there is a whole lot of law that's been written under the heading of privacy and there have been numerous attempts to define exactly what is legally meant by privacy. I thought I would drown in the subject when I did the tidbit on the Right to Privacy. I still think the Europeans have it right, it truly is right of personality.
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Re: Lost Honor of Katharina Blum Question #7: A Constitutional Right?

Unread postby RamblinRebel » Mon Feb 17, 2014 11:00 pm

In a word, yes. I think we need it.

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Re: Lost Honor of Katharina Blum Question #7: A Constitutional Right?

Unread postby Liz » Tue Feb 18, 2014 12:45 am

I'm against it. I think they've gone far enough. Although I know the reasoning behind it makes perfect sense, HIPAA has proven to be a major thorn in my side (as a daughter and as a mother), and I can't imagine more regulation around privacy.
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Re: Lost Honor of Katharina Blum Question #7: A Constitutional Right?

Unread postby shaman-art » Tue Feb 18, 2014 3:08 am

In Germany the right to privacy is to a degree included in the Grundgesetz (our constitution).

There in Article 2 you find:

"(1) Every person shall have the right to free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or the moral law."

Also there is Article 10:

"(1) The privacy of correspondence, posts and telecommunications shall be inviolable.
(2) Restrictions may be ordered only pursuant to a law. If the restriction serves to protect the free democratic basic order or the existence or security of the Federation or of a Land, the law may provide that the person affected shall not be informed of the restriction and that recourse to the courts shall be replaced by a review of the case by agencies and auxiliary agencies appointed by the legislature."


Based on that there's the "right to one's own image". That means it is not allowed to snap picture of someone and to use it for whatever you want without the approval of this person. But there are different guidelines for persons of public interest. Basically it means it is OK to photograph them on a street or in a public building, but you are not allowed to use a ladder or even a helicopter to take pictures over a fence of a private property.


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