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Title: A behavioural understanding of privacy : Article 8 European Convention on Human Rights and a right to respect for barriers
Author: Hughes, K. E.
Awarding Body: University of Cambridge
Current Institution: University of Cambridge
Date of Award: 2010
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To develop effective privacy laws we need to have a thorough understanding of privacy. The thesis addresses four questions: (i) how should we identify the interests that should be protected by a right to privacy? (ii) Does everyone have the same need for privacy? (iii) What constitutes a privacy experience? (iv) What values and functions does privacy serve? This leads to an understanding of privacy which draws upon studies of human behaviour and social interaction. The right can be understood as a claim that barriers used to prevent access should be respected: For X to have a right to privacy against Y is for X to have a claim against Y that Y not access X by breaching a barrier used by X to prevent Y from accessing X. The remainder of the thesis analyses Article 8 European Convention on Human Rights through this theoretical framework. There are four dimensions to this analysis: scope; needs; states; and value. Scope refers to the match between Article 8 ECHR and the above model. Analysis of ‘need’ concentrates on interests of women and children in relation to privacy, helping to identify the normative core of the right and its limits. Analysis of ‘state’ considers the extent to which three types of privacy experiences are recognised: (i) physical separation; (ii) group privacy; and (iii) public privacy. ‘Value’ refers to the perceived significance of the right when it conflicts with other interests and rights. Finally, the thesis concludes with a consideration of the need for legislative intervention.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available