Right to Privacy and the Problem of Its Implementation in the Digital Age
Legal Development and Philosophical Justification
Right to privacy (privacy) is a relatively young legal concept that gained fundamental formulation in the 20th century. Although its roots date back to the philosophical works of John Locke and Immanuel Kant, it was formally established in the Universal Declaration of Human Rights (1948, Article 12) and the European Convention on Human Rights (1950, Article 8). Today, it is a complex, multi-level structure, including the inviolability of the home and personal correspondence, protection of personal data, the right to one's own image, and the "right to be left alone" (the right to be let alone).
Interesting fact: One of the first legal concepts of privacy was formulated in the article "Right to Privacy" by American lawyers Louis Brandeis and Samuel Warren in 1890. They responded to the emergence of portable cameras, allowing journalists to intrude into personal space without ceremony. Paradoxically, technological progress has become a catalyst for the realization of the right that the same progress constantly threatens today.
Digital Redefinition of Privacy
The Internet and Big Data have radically transformed the very essence of privacy. If before it was understood as physical "seclusion from the eyes of others," today it is primarily informational self-determination — control over the collection, storage, use, and dissemination of personal data.
We voluntarily-compulsorily exchange privacy for convenience, security, or free services. Every like, search query, route trip forms our "digital twin" — a profile that often knows more about us than we do ourselves, and is used for predictive analysis, micro-targeting advertising, and even decision-making (credit scoring, insurance).
Example: In 2012, the American retail chain Target, analyzing the purchases of a customer (vitamins, unscented lotions), predicted her pregnancy with high accuracy and sent ...
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