Warren And Brandeis: An Individual's Right To Privacy

Arguing against Warren and Brandeis, the extent of law does not protect an individual’s right if the individual itself is aware of their actions, and the information they publicize online or the way they speak in a social setting. This is an important difference to recognize when reviewing an individual’s right to privacy, I believe Warren and Brandeis should have expanded on this, since it is in the interest of an individual to control their own information and actions they portray online and in the public. In the Harvard review, the authours leave out that individuals have their own freedom of self-control, actions and information they expose in public. According to Warren and Brandeis, there is a difference if one acts irrationally in public …show more content…
In my critical opinion, their objective was to try and concern how a social right (the right to privacy) can be as crucial as legal right (such as the right to property). Although, their main focus was to explain a better way of understanding an individual’s right to their privacy, the better way of implementing this law is to relate it to “the right to be let alone” which they have addressed in their article (205). Warren and Brandeis’ theory and concept of an individual’s right to be left alone is more severe, since it essentially has to do with the individual’s fundamental right to be able to live life freely. The “right to be let alone” is part of the American legal act. However, this still does not relate to an individual’s right to privacy under the law, this has to do with one’s right to liberty. The theory of right to liberty has to do with one’s ability to act the way they want to in a society as long as it does not infringe on other’s freedom of right. The right to privacy has the ability to give the right of individuals to act freely and to express themselves in a matter that is compliant. Again, Warren and Brandeis state that if one does not act appropriately in society, it is the legal right for them to be left alone. On the contrary, if someone is acting out in society, it is their own freedom to act the way they wish, it is out of their own risk to act in such way where there may be consequence. What Warren and Brandeis need to realize is: privacy concerns two parties, the individual and society. The interest of privacy is for individual, but, in a public setting the two parties are involved. The invasion of privacy is different for example, when one looks through the window of an individual’s home and takes a picture. This is an invasion and one does not