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right to privacy
The right to privacy is a human right and an element of various legal traditions which may restrain both government and private party action that threatens the privacy of individuals.〔"(The Privacy Torts )." (December 19, 2000). Privacilla.org.〕
Since the global surveillance disclosures of 2013, the inalienable human right to privacy has been a subject of international debate. Under the pretext of combatting 'terrorists', controversial agencies such as the NSA, CIA, RAW, GCHQ, and others have engaged in mass global surveillance, undermining the right to privacy. The violation of this human right has come under the context of other human rights violations committed by NATO-member states (i.e. the unlawful detention of enemy combatants or civilians at Guantanamo Bay, Abu Grahib, and other Black sites, and extraordinary rendition). There is now question as to whether the right to privacy can co-exist with the current capabilities of government agencies to access and analyse virtually every detail of an individual's life. A major question is whether or not the right to privacy needs to be forfeited as part of the social contract in order to bolster defence against alleged terrorist threats.
==Background==
Privacy uses the theory of natural rights, and generally responds to new information and communication technologies. In the United States, an article in the December 15, 1890 issue of the ''Harvard Law Review'', written by attorney Samuel D. Warren and future U.S. Supreme Court Justice Louis Brandeis, entitled ''The Right To Privacy'', is often cited as the first implicit declaration of a U.S. right to privacy. Warren and Brandeis wrote that privacy is the "right to be let alone", and focused on protecting individuals. This approach was a response to recent technological developments of the time, such as photography, and sensationalist journalism, also known as "yellow journalism".〔Warren and Brandeis, ("The Right To Privacy" ), 4 Harvard Law Review 193 (1890)〕
Privacy rights are inherently intertwined with information technology. In his widely cited dissenting opinion in ''Olmstead v. United States'' (1928), Brandeis relied on thoughts he developed in his 1890 article ''The Right to Privacy''. But in his dissent, he now changed the focus whereby he urged making personal privacy matters more relevant to constitutional law, going so far as saying "the government () identified .... as a potential privacy invader." He writes, "Discovery and invention have made it possible for the Government, by means far more effective than stretching upon the rack, to obtain disclosure in court of what is whispered in the closet." At that time, telephones were often community assets, with shared party lines and the potentially nosey human operators. By the time of Katz, in 1967, telephones had become personal devices with lines not shared across homes and switching was electro-mechanical. In the 1970s, new computing and recording technologies began to raise concerns about privacy, resulting in the Fair Information Practice Principles.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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