The Two Western Cultures of Privacy: Dignity Versus Liberty

So why do these sensibilities differ? Why is it that French people won’t talk about their salaries, but will take off their bikini tops? Why is it that Americans comply with court discovery orders that open essentially all of their documents for inspection, but refuse to carry identity cards? Why is it that Europeans tolerate state meddling in their choice of baby names? Why is it that Americans submit to extensive credit reporting without rebelling?

These are not questions we can answer by assuming that all human beings share the same raw intuitions about privacy. We do not have the same intuitions, as anybody who has lived in more than one country ought to know. What we typically have is something else: We have intuitions that are shaped by the prevailing legal and social values of the societies in which we live.

via yalelawjournal.org
February 25, 2017
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