The question of whether protection against unauthorized use of a person's name of likeness for commercial gain is subsumed under property rights or the right to privacy remains unsettled. The thesis of this article is that either area may be appropriate, depending on the plaintiff's motivation in bringing the action. The case of Lugosi v.…

Describes the role of information privacy in modern society, examines recent legal cases to illustrate how privacy cases are adjudicated and to identify the limits of available privacy protection, and raises issues regarding techniques for insuring data confidentiality. (FM)

Arguing that the threat to privacy in the new technological era of information processing and transmitting via cable television is a real one, this paper proposes that the threat can be minimized through effective legislation. The paper first looks at cable television privacy concerns and examines several studies concerning privacy, then reviews…

Explores the legal implications of confidentiality in social science research. Instances are described in which researchers were suboenaed by judicial authorities to disclose confidential information. Existing statutory protection of research data is described. For journal availability, see SO 506 040. (AV)

This report discusses how courts have dealt with the use of photographs for journalistic purposes in cases where invasion of privacy was alleged. In the context of this survey of relevant case law, the following topics are addressed: the right of privacy, the 1937 guidelines for cases involving photographs that accompany articles, "legitimate…

Historically, legislation or judicial review successfully controlled threats to personal privacy by information technology. Wiretapping legislation, for example, developed along with sophisticated telephone equipment. Today, however, the law is unable to respond quickly enough to the constantly changing situations and behaviors created by massive…

Argues that the existing rules governing a physician's liability for treating a child without parental consent merit reconsideration because the minor possesses a fundamental constitutional right, stemming from the right of privacy, to consent to medical care. Proposes guidelines for the development of a legislative program implementing these…

Today's privacy/disclosure issues have been defined by a series of court decisions that illustrate adaptation to social change. Development of surveillance technology, increased use of individual testing, and interconnected computers have allowed abuses of individual privacy rights to which the law has recently responded. (Editor/LBH)

Examines court cases dealing with charges of harassment, trespass, and invasion of privacy against reporters who ventured onto private property to gather news; proposes a test for such cases that would weigh the public interest in the particular information obtained against the nature of the intrusion. (GW)

Although colleges and universities generally regard the First Amendment as sacred, they often find themselves at the center of controversies concerning the right to say, print, write, or research with freedom. The complex relationships between a college or university and its student media have often contributed to conflicts over First Amendment…

Although the Supreme Court has held that the fourteenth amendment guarantee of privacy extends to the woman a qualified right to decide with her physician whether to terminate her pregnancy, it did not rule on how this right would extend to minors or the father of the fetus. Available from: 57-59 Worth Street, New York, N.Y. 10013. (LBH)

Because of judicial indifference and legislative inaction, the conflict between the right of privacy and the freedom of the press is no closer to a resolution than it was a century ago. William Prosser's reduction of the common law of privacy into four separate torts has not solved the problem. The concept of "newsworthiness" has not been helpful…

The first amendment, privacy, and due process rights of public employees are reviewed and many legal uncertainties and their effect on the public employees are noted. Special emphasis is on the first amendment and due process, since these are areas where the most challenges have taken place. (LBH)

A new bill, H. R. 1984, a comprehensive legislative approach to privacy issues, would regulate the uses and sources, retention, storage, and handling of personal information in private industry--including colleges and universities. The author explores the issues applicable to higher education and makes proposals that reflect its concerns.…

Individual and institutional rights to privacy and disclosure of records are all aspects of the same growing problem. The case of Papadopoulos v. State Board of Higher Education illustrates this problem. (Editor/LBH)