Rites of Privacy and the Privacy Trade: On the Limits of Protection for the Self

Technological advances have made the right to privacy an important issue. Most discussions of privacy focus largely on methods and standards for the protection of specific privacy rights. In contrast, Elizabeth Neill addresses the need to re-evaluate what it means for us to possess a right to privacy, or rights at all

In Rites of Privacy and the Privacy Trade Neill constructs an original theory of natural rights and human dignity to ground our right to privacy, arguing that privacy and autonomy are innate natural properties metaphorically represented on the moral level and socially bestowed. She develops her position by drawing on works in history, sociology, metaphor, law, and the moral psychology of Lawrence Kohlberg. The resulting theory provides surprising answers to controversial and pressing questions regarding, for instance, our right to privacy for medical records in various contexts and in relation to various authority structures, including government.

Neill demonstrates that, while we have some entitlement to protection of privacy, entitlement does not have the moral scope suggested by currently entrenched legal and social norms. She cautions against some of the privacy privileges we currently enjoy - referring specifically to claims such as those against insurance companies to prevent access to medical records - and suggests that if they are to be continued, respect for privacy is not the reason.