Notes on "The Right to Privacy

Whenever we trod out into the world, we expose ourselves in some manner (not "obscenely" let's hope) to the public. We can choose (for the most part) what degree of exposure we wish to grant to the public's eye collective eye. Additionally, I think there is a demarcation line of legality and affording civilized humans a private space to just "be." Despite this demarcation line (and my personal dreams of a world where graciousness and tact are the norm), I think it unlikely we can expect the lofty degree of personal privacy away from prying eyes of instantaneous photography which Warren and Brandeis spoke for in their noteworthy essay. No matter how we choose to behave when out and about, we (all of us) become part of the social public domain in some manner or another when out in public. Though disconcerting, in the same way people may stare at us on the bus-stop for example (and perhaps make us feel uncomfortable whilst doing so), they can also photograph us from near or afar in the public space. Social norms (gratefully), and politeness (hopefully), suggest asking before shooting (makes for a better subject as well) and perhaps some amount of disclosure of what you are up to (eg: a school project, artwork, or a tourist memento) but such niceties are not required nor should they be. Indeed intrusive photography may even start confrontations (as are often evidenced in scuffles between upset celebrities and obnoxious paparazzi). However, an attempt to limit what people can photograph causes a situation in which one ostensibly would have to gain permission from each person in the background to take a photo in front of Old Faithful for the family slide show.