Sunday, August 11, 2019
The development of privacy laws in the states of America. Missouri Essay
The development of privacy laws in the states of America. Missouri - Essay Example Privacy laws in the United States have their origins in the British common law, which protected individuals from only the interference with their lives and with their property. This came to be further developed in the United States with the institution of state laws and statutes, which further expanded this crime to include the interference with the emotional wellbeing of a person. With the coming and continuous development of mass media, there seems to be very little privacy being left to individuals and this has ensured that the current state privacy laws continue to evolve to make sure that the privacy of individuals is protected (Sullivan, 2010). The Missouri Revised Statute No. 565.253 states that a person will have committed the crime of invasion to privacy of the second degree if such a person deliberately views, films, or takes another personââ¬â¢s photographs without the latter personââ¬â¢s awareness or permission (Missouri Revised Statutes, 2010). Moreover, this crime will be said to have been committed if the person being filmed or photographed is in a state of nakedness or partial nakedness and if this person is in a place where he or she would anticipate a reasonable belief of their own privacy. Furthermore, this statute states that a person shall be considered to have committed the crime of invasion of privacy if he secretly takes photographs or films another person using a concealed camera or camcorder without the latterââ¬â¢s consent. ... These laws were later broadened to include the right of a person to be left alone and property was further defined as comprising of all forms of possessions, both tangible and intangible. Some scholars believe that the historical common law concerning privacy can still be applied today especially in situations where the right to privacy cannot be clearly defined by the current laws (Thaemert, 2002). They believe that the common law is much broader than current laws and that it would be best if it were to be taken seriously in matters concerning privacy and not disregarded as it is today. Common law privacy torts are very rarely used today and in fact, they are not applicable in cases where the affected person is considered newsworthy despite the fact that they provide a broader range of options than the Fourth Amendment. In the United States, the protection against the invasion of privacy varies from state to state and the American constitution itself does not provide strong penaltie s against it. Some states have a high level of protection against the invasion of privacy while some are more relaxed and a suspect may get off the hook easily (Siegel et al, 2009). This is not the case with common law which not only protects the right of individuals to be left alone but it also ensures that their property if protected. The common law is more specific in its application because it protects an individual from the invasion of their privacy from both the government and private citizens (Clapman, 2003). The evolution of the current laws and statutes has been largely influenced by the advent of mass media all over the world and the hunger that many people have for sensational news. Most of this highly demanded news requires that those pursuing it invade the
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