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Unformatted text preview: ommissioner of New Zealand Parliament House Wellington 28 March 2003 Introduction We can see the compatibility of privacy and journalism also in the role of privacy as an instrumental freedom. The right to privacy appears in the basic human rights instruments, alongside other rights of critical significance to the practice of journalism. What is often neglected is the role of privacy in facilitating the practical enjoyment of other rights. I am thinking of freedom of expression, of freedom of belief or conscience, and of freedom of association. As journalists go about their work of cultivating confidential sources; of charting and reporting new ideas and dissenting views that test our orthodoxies; and of chronicling the formation of new political movements and parties as they do all this, journalists rarely reflect on the background role of enforceable rights to privacy. SLHS Value File THE RIGHT OF PRIVACY IS THE CORNERSTONE OF INDIVIDUAL LIBERTY John Balint, M.D., Professor of Medicine, Albany Medical College, ALBANY LAW JOURNAL OF SCIENCE AND TECHNOLOGY, 1998, Vol. 9, p. 30-31. In numerous cases, the United States Supreme Court has laid the framework for privacy in legal precedent upholding the individual's liberty interest. This love of privacy is also based on our strong commitment as a nation to a right of individual autonomy. WITHOUT PRIVACY AUTONOMY IS NOT POSSIBLE Thomas B. Kearns, J.D. Candidate, WILLIAM AND MARY BILL OF RIGHTS JOURNAL, April 1999, p. 978-980. Privacy is an essential element of a free society. Many commentators agree that without privacy, freedom is not possible. Without the ability to interact with one another in private, individuals cannot exchange ideas freely. This "marketplace of ideas" is essential for a democracy to function properly and give rise to a free society. Although no "universally accepted definition of the right to privacy" exists, court opinions that address privacy issues often encompass three areas of privacy interests: autonomy, intrusion, and information privacy. Autonomy generally is the ability of an individual to engage in pr...
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