2024 Shearman Lectures - Niko Kolodny - Privacy and its Violation (pt 2)

Lecture 2: A Basis in Sovereignty. This second lecture ventures a positive proposal as to what justifies the duties of privacy. Just as you have what we might call “sovereignty interests” over my physically accessing your body and property, you have analogous sovereignty interests over my psychologically accessing what is personal to you. The former sovereignty interests are set back by my physically accessing your body and property against your consent, against your preference, and against your non-sovereignty interests. The analogous interests in the case of psychological access support three duties of privacy: a duty not to invade your conventionally defined “zones of privacy” without your consent, a duty to take due care that you not experience losses of privacy that you prefer not to experience, and a duty to take due care that you not experience losses of privacy that set back your non-sovereignty interests.