RIGHT TO PRIVACY

Primary components of the privacy concept-

  • Nature of the entity to be protected
  • The parts of the environment considered for protection
  • Relations between them to be regulated

The boundaries of the entity are marked out by the “self-concept” actors which has four concentric parts-

  • Material self
  • Social self
  • Spiritual self
  • Pure ego

FOURTH AMENDMENT AND THE ENFORCEMENT OF PRIVACY

The fourth amendment brings about Right against unreasonable searches and seizures. The rationale of the amendment states that the people have the right to be secured in their units of privacy against unreasonable intrusions into them and their content shall not be violated. The word “privacy” has been used by the Courts in four different ways-

  • In aspects of personal integrity and autonomy.
  • Privacy which are not legally protected.
  • Situations in which Court will recognize that an intrusion constitutes a search or seizure.
  • When a search or seizure will be constitutionally unreasonable.

The last three kinds are designated as fourth amendment privacy.

The decisions to be taken in consideration to ideal privacy so as to achieve the goal of fourth amendment are-

  • Privacy units to be protected.
  • Quality of privacy to be enforced.

These decisions are separated into three stages-

  • Applicability
  • Actual application
  • Permissibility

NECESSARY ELEMENTS

There are two necessary elements of privacy according to the fourth amendment-

  • Private areas and private affairs
  • Agents of Intrusion and Appropriation