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New England Life Insurance Company (in 1905) was one of the first specific endorsements of the right to privacy as derived from natural law in US law. Judith Wagner DeCew stated, "Pavesich was the first case to recognize privacy as a right in tort law by invoking natural law, common law, and constitutional values." [7]
A general right to privacy has otherwise been created in the tort of privacy. Such a right was recognised in Hosking v Runting [2003] 3 NZLR 385, a case that dealt with publication of private facts. In the subsequent case C v Holland [2012] NZHC 2155 the Court recognised a right to privacy in the sense of seclusion or a right to be free from ...
While the Court's decision explicitly retained the option of applying state law in fashioning a federal common law rule, the Court chose instead to fashion its own rule based on prior decisions. Justice Douglas identified a major federal interest in permitting the Court to fashion its own rule: uniformity in dealing with the vast amount of ...
The Court concluded that Connecticut's Comstock Law violated this right to privacy, and therefore was unconstitutional. [14] Douglas reasoned that the right to marital privacy was "older than the Bill of Rights", and ended the opinion with an impassioned appeal to the sanctity of marriage in the Anglo-American culture and common law tradition.
The Court began by dismissing the parties' characterization of the case in terms of a traditional trespass-based analysis that hinged on, first, whether the public telephone booth Katz had used was a "constitutionally protected area" where he had a "right of privacy"; and second, on whether the FBI had "physically penetrated" the protected area ...
Section 6 of the Human Rights Act requires English courts to give effect to the rights in the Convention when developing the common law. There is no need to show a pre-existing relationship of confidence where private information is involved and the courts have recognised that the publication of private material represents a detriment in itself ...
Right to privacy under the United States Constitution (23 P) Pages in category "United States privacy case law" The following 110 pages are in this category, out of 110 total.
Through extensive case law from the European Court of Human Rights in Strasbourg, privacy has been clearly defined and universally recognized as a fundamental right. Furthermore, the Council of Europe took steps to protect individuals' privacy rights with specific measures.