Privacy as personal resistance: exploring legal narratology and the need for a legal architecture for personal privacy rights

摘要

Different cultures produce different privacies – both architecturally and legally speaking – as well as in their different legal architectures. The ‘Simms principle’ can be harnessed to produce semi-constitutional privacy protection through statute; building on the work already done in ‘bringing rights home’ through the Human Rights Act 1998. This article attempts to set out a notion of semi-entrenched legal rights, which will help to better portray the case for architectural, constitutional privacy, following an examination of the problems with a legal narrative for privacy rights as they currently exist. I will use parallel ideas from the works of W.B. Yeats and Costas Douzinas to explore and critique these assumptions and arguments. The ultimate object of this piece is an argument for the creation of a legal instrument, namely an Act of Parliament, in the United Kingdom; the purpose of which is to protect certain notions of personal privacy from politically-motivated erosion and intrusion.