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Triangulating Intrusion in Privacy Law

Bennett, T. (2019). Triangulating Intrusion in Privacy Law. Oxford Journal of Legal Studies, doi: 10.1093/ojls/gqz024

Abstract

This article concerns two interrelated, persistent problems for privacy law. The first is the failure of academic scholarship to get adequately to grips with the meaning of privacy. The second is the apparent inability of the English judiciary to resolve the common law lacuna in respect of intrusion-type privacy violations. The two problems are related in that the former is a significant contributor to the latter. Mainstream scholarship has long insisted on pursuing the One True Meaning of privacy, thereby overlooking valid alternative conceptualisations and creating a melange of theories that provides little assistance to judges. However, by adopting a novel, triangulation-based approach to understanding privacy of the sort proposed herein, it is possible to locate points of consensus between these rival theories in respect of particular privacy-violating activities. This consensus can provide the certainty common law judges require for the elaboration of further doctrine in this field.

Publication Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in Oxford Journal of Legal Studies following peer review. The version of record Thomas D C Bennett, Triangulating Intrusion in Privacy Law, Oxford Journal of Legal Studies, is available online at: https://dx.doi.org/10.1093/ojls/gqz024
Subjects: K Law > K Law (General)
Departments: The City Law School > Academic Programmes
URI: https://openaccess.city.ac.uk/id/eprint/22864
[img] Text - Accepted Version
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