The Common Law Right to Privacy

This paper justifies and delineates a common law right to privacy. The first part of the paper reviews the current state of the law of privacy.\nThe second part defines privacy by distinguishing privacy rights from those otherwise protected by the common law. The paper argues that the appropriate organizing principle behind the legal concept of privacy is the idea of control over one’s interactions with others. \nThe third part argues that protection of privacy at common law is justified both pursuant to the demands of the Charter and with a theoretical understanding of private law based on a Kantian notion of Right. \nThe final part argues that such an analysis determines the substantive nature of the protection that should be afforded at common law, namely that privacy should be protected from both intentional and negligent interference.