Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ https://doi.org/10.3...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
https://doi.org/10.31235/osf.i...
Article . 2022 . Peer-reviewed
License: CC BY NC
Data sources: Crossref
SSRN Electronic Journal
Article . 2022 . Peer-reviewed
Data sources: Crossref
https://dx.doi.org/10.15779/z3...
Other literature type . 2021
Data sources: Datacite
versions View all 3 versions
addClaim

Privacy As/And Civil Rights

Authors: Tiffany Li;

Privacy As/And Civil Rights

Abstract

Decades have passed since the modern American civil rights movement began, but the fight for equality is far from over. Systemic racism, sexism, and discrimination against many marginalized groups is still rampant in our society. Tensions rose to a fever pitch in 2020, with a summer of Black Lives Matters protests, sparked by the police killing of George Floyd, leading in to an attempted armed insurrection and attack on the U.S. Capitol on January 6, 2021. Asian-Americans faced rising rates of racism and hate crimes , spurred in part by inflammatory statements from the then-sitting President of the United States. Members of the LGBT community faced attacks on their civil rights during the Trump administration, including a rolling back of protections awarded to transgender individuals.At the same time, the world faced a deadly pandemic that exposed the inequalities tearing the fabric of our society. The battle for civil rights is clearly not over, and the nation and the world have faced setbacks in the fight for equality, brought out by the pandemic, political pressures, and other factors. Meanwhile, the role of technology is also changing, with new technologies like facial recognition, artificial intelligence, and connected devices, offering new threats and perhaps new hope for civil rights. To understand privacy at our current point in time, we must consider the role of privacy in civil rights—and even, as scholars like Alvaro Bedoya have suggested, privacy itself as a civil right.This Article is an attempt to expand upon the work of privacy and civil rights scholars in conceptualizing privacy as a civil right and situating this concept within the broader field of privacy studies. This Article builds on the work of scholars who have analyzed critical dimensions of privacy and privacy law, and who have advocated for changes in privacy law that can move our society forward to protect privacy and equality for all.Part I provides an overview of civil rights law in the United States and the unequal application of privacy protections to different people. Part II examines ways in which privacy can enhance or support civil rights and equality, including potentially through the concept of cyber civil rights. Part III considers if, due to the inextricable links between privacy and civil rights protections, privacy itself ought to be considered a civil right. Part IV also looks to framings of privacy in constitutional law, tort law, and sectoral consumer protection law to analyze how a civil rights framework might resolve existing equity gaps in privacy law. Finally, Part V provides recommendations for how to better shape privacy law to protect both privacy and equality for all.

Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
hybrid