ABSTRACT

Privacy is the exclusive access of a person to a realm of his own. The right to privacy entitles one to exclude others from watching, utilizing, invading his private realm. The right to privacy has long been indirectly protected by outlawing offenses such as trespass, or burglary, which can scarcely be committed without violation of privacy. Privacy is largely a moral norm; it is only in part defined by legislation and is best regarded as a right inherent in the person, with violation a malum in se. Courts have always had to decide when to superordinate the claims of law enforcement to those of privacy and when to subordinate them. They do so by interpreting principles as though to establish a permanent order of priorities. Privacy is often a matter of degree: one forfeits some part, but not all of it, or, at least, to somebody, by placing oneself in a position which requires or permits some loss of privacy.