Online privacy: Explaining the nature and special features of the right to seek protection

Pages159-167
Date31 August 2004
DOIhttps://doi.org/10.1108/14779960480000250
Published date31 August 2004
AuthorVarvara Z. Mitliaga
Subject MatterInformation & knowledge management
Online Privacy: Explaining the Nature and Special
Features of the Right to Seek Protection
1. INTRODUCTION
“On-line privacy” is the term used to refer
to individual privacy when exposed to the
on-line environment through the use of the
Internet. A journey to cyberspace, long or
short, entails many dangers for the users
privacy. First, since the Internet has
become a popular communication medium,
personal and professional electronic com-
munications are being exposed to the possi-
ble danger of interception, and second, a
considerable amount of personal informa-
tion can be gathered through a user’s on-
line experience (this includes personal iden-
tifiable information,1transactional data2
and clickstream data3). The aim of this
paper will be to explain and analyse the
nature and special characteristics of priva-
cy’s exposure in the on-line environment
and how these features shape the need for
protection. It has almost become a cliche
within contemporary literature that
advances in information technology have a
great impact on individual privacy by intro-
ducing new threats and revealing new vul-
nerabilities for Internet users, but most
analysis seems to be based on the assump-
tion that on-line privacy functions in the
same way as its off-line counterpart.
Irrespective of whether this is the case or
not, there are still important differences
that shape on-line privacy and, as such,
ought to be made explicit.
Let us begin with two remarks that may
well enhance our understanding. First of all,
Info, Comm & Ethics in Society (2004) 3: 159–167
©2004 Troubador Publishing Ltd.
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Online internet
privacy
Cyberspace
Online
monitoring
Data gathering
Human rights
Va r vara Z. Mitliaga
Law School – University of Edinburgh, UK
Email: s9709833@sms.ed.ac.uk
CCOOVVEERRAAGGEE
This article attempts to explain and analyse the nature and characteristic features of a person’s privacy in
the on-line environment in order to assess how these features shape the need for protection. Since the inter-
net has invaded our everyday lives, individual privacy is exposed in different ways in cyberspace. It is
important to note that the Internet lacks the traditional characteristics of a ‘physical’ space, but the inter-
ests and inherent values protected by privacy remain the same in cyberspace. The article discusses the
factors that shape a different nature of online privacy compared to its off line counterpart. Online
privacy may not be a novel right, but it is definitely one exposed to a whole new environment which has
its own special need for protection.
ABSTRACT

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