Informational and Decisional Privacy

Informational and Decisional Privacy explores conceptualizations of privacy rights and interests. Part I covers fundamental principles of privacy law, tracing the historical evolution of privacy rights and reviewing common law and constitutional analytical models. Part II deals with access to information, including through the Internet, considering interests in transparency and self-regulatory, regulatory, and legislative regimes; access to various types of information (such as to information pertaining to identity, healthcare, communicative attributes, and governmental data and records); and unsolicited access (such as the receipt of subliminal messages and "spam" e-mail communications).

Part III discusses disclosure of information, in the context of false statements, publication of accurate but highly embarrassing facts, and breaches of confidence. Duties to disclose information, in the context of informed consent and in the face of an imminent peril, also are reviewed, as are proprietary interests in private information and in somatic matter. Part IV explores autonomous decision-making, focusing on reproductive and procreative issues, including regulation of contraceptives and abortion; and end of life issues, including decisions to refuse life-saving treatment, requests for physician-assisted suicide, and efforts by proxies to withdraw or withhold life supporting measures.

Informational and Decisional Privacy is designed to be used as a prerequisite or sequel to Law of Internet Speech, also by Madeleine Schachter. Separate teacher's manuals accompany both texts.