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Culture of privacy : implications of data protection and freedom of information law in the UK.

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posted on 06.12.2012, 12:09 by Stewart Tiltman
The idea of privacy begins with the concept of self-ownersh1p, wh1ch relates in turn to the ownership of external objects, and the ontological priorities involved Privacy as a freedom to do things - private life - without undue interference, can be protected by law, but the philosophical basis for the legal means to preserve and sustain privacy requires close exammation It can be shown that utilitarianism should be rejected in favour of a Kantian approach, and the importance of responsibility through moral reciprocation, rather than a facile reliance on rights, provides the soundest basis for privacy protection The NCCL (now Liberty) definition of privacy can then be ramified effectively in the light of this analysis. The legal measures to protect the privacy of data subjects, and compliance with these measures can, in turn, be examined from the same viewpoint The law sanctions some departures from the protection of privacy in the public interest regarding 'free speech' and the prevention of crime, including terrorism. How matters of interest, such as these, are balanced, and the interactions of different pieces of legislation which impact on data subject privacy, are major concerns...



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© Stewart Tiltman

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A Master's Thesis. Submitted in partial fulfilment of the requirements for the award of Master of Philosophy of Loughborough University.



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