Summary of Utilitarian and Kantian Arguments Concerning The Value of Privacy
The mere fact that we desire privacy does not automatically mean that we are entitled to it. Philosophers and legal theorists have used both utilitarian and Kantian arguments to show the value of privacy and to defend it as a right.
Utilitarian arguments. Some utilitarians claim that harm is done to individuals when inaccurate or incomplete information about them is used by an employer in personnel decisions. The problem with this argument is that it assumes that the consequences of invading privacy produceS more harm than good. In addition, some invasions of privacy, such as surreptitious surveillance, are objectionable regardless of the consequences. Other utilitarian arguments do not regard the harmful consequences as due solely to the misuse of information; rather, a certain amount of privacy is held to be necessary for the enjoyment of some activities. Invasions of privacy change the character of our experiences and, as a result, deprive us of the opportunity to gain pleasure from them. Yet another utilitarian argument is that privacy promotes a healthy sense of individuality and freedom among members of society and a lack of privacy can result in mental and emotional stress.
Kantian arguments. Kantian arguments revolve around the concepts of autonomy and respect for persons. Surreptitious surveillance, for example, may do no harm to a person but still diminishes a person’s dignity and shows disrespect for that person. The victim loses control over how he or she appears to others, and if people form incomplete or incorrect impressions of us that we have no opportunity to correct, then we are denied the possibility of being autonomous. Critics object that not all instances where a person is unknowingly watched result in deprivation of that person’s free choice. Moreover, intimate relations such as friendship and love do not consist solely in the sharing of information but involve the sharing of one's total self, and friendship and love can exist and even flourish in the absence of an exclusive sharing of information.
A third argument. A more adequate justification, which combines utilitarian and Kantian elements, derives privacy from an understanding of the way individuals are socialized in a culture. According to this argument, a respect for privacy with respect to some matters is an essential part of the socialization process through which individuals develop a sense of personal identity and worth.