INTRODUCTION

The concept of privacy has evolved over time and has undergone various changes. In earlier

times, privacy was associated with physical space and control over one's own body. However,

with the advent of new technologies, the concept of privacy has also evolved to include the

protection of personal information. In this chapter the evolution of concept of privacy from a

mere concept to its recognition as right has been discussed. Further, the scope of right to privacy

of information has been discussed which leads to the need for the protection of personal data.

(review later)

1. THE CONCEPT OF PRIVACY

Privacy is a multidimensional notion encompassing a wide variety of considerations and factors

which makes it extremely difficult to specifically define privacy 1. The concept of privacy is of

dynamic nature that has continuously evolved over time and has constantly been influenced by

the political and technological elements of the society’s environment.2 The word privacy in itself

enshrines concepts like secrecy, solitude, security, confidentiality, anonymity, liberty, and

autonomy as integral part of privacy. 3 Therefore in order to define privacy matter of its definition

is also closely related to the issue of whether privacy should be seen as a right or merely in terms

of one or more interests an individual may have.4

Historically, theories of privacy are either interest based or Right based. Roger Clarke

defined an interest based privacy as “the interest individuals have in sustaining a personal space,

1
Adam Moore, Defining Privacy, 39 (3) JOURNAL OF SOCIAL PHILOSOPHY, 411–428, 411(2008)
2
James H. Moor, Using genetic information while protecting the privacy of the soul, 1 ETHICS AND INFOR-MATION
TECHNOLOGY, 257, 260 (1999)
3
Herman T. Tavani, Philosophical theories of privacy: Implications for an adequate online privacy policy, 38
JSTORE, 1–22, 3 (2007)
4
HERMAN T. TAVANI, THE HANDBOOK OF INFORMATION AND COMPUTER ETHICS 131–164 (In K. E. Himma & H. T.
Tavani eds., 2008)
free from interference by other people and organizations”. 5 Further, in Right based theories,

privacy is elaborated in terms of a zone or space that individual own and it cannot be a subject to

interference and invasion by others. This classification of privacy as a right depicts that

individuals have a legitimate expectation to be free from unwarranted intrusion, surveillance, or

unwanted access to their personal information. 6 These concepts basically emphasized that the

choice of privacy as an interest of individual or as a right is certainly dependent on the

continuous evolution of the privacy.

The development of the concept of privacy into modern privacy started, when it first

appeared in the classic paper (The Right to Privacy) in 1890. The said article served as the basis

for modern concept of privacy i.e. recognition of a right to privacy that encompassed personal

information and is considered a critical milestone in the evolution of the concept of privacy. The

article was a response to the publication of private information about author Samuel Warren’s

socialite wife, Mabel Bayard Warren. Basically, details about Mabel’s appearance, attire, and

interactions were published by Boston Daily Globe newspaper without her consent and

knowledge. This publication led the authors to advocate for legal protections to safeguard

personal information as the incident caused a great distress to the victim.7

In the light of above mentioned circumstances privacy has been put forward as a “right to

be let alone” and argued that it should be recognized as a fundamental right inherent in the

5
Roger Clarke, Introduction to Dataveillance and Information Privacy, ROGER CLARKE'S WEB-SITE, July 24, 2016,
http://www.rogerclarke.com/DV/Intro.html#:~:text=Privacy%20is%20the%20interest%20that,by%20other%20peop
le%20and%20organisations (last accessed April 08, 2023)
6
Mark Alfino &G. Randolph Mayes, Reconstructing the Right to Privacy, SOCIAL THEORY AND PRACTICE, 29(1), 1-
18, 8 (2003)
7
Samuel D. Warren, Louis D. Brandeis, The Right to Privacy, Harvard Law Review, 4(5), 193-220 (1890).
6
Adrienn Lukacs, What Is Privacy? The History And Definition Of Privacy, UNIVERSITY OF SZEGED,
https://publicatio.bibl.u-szeged.hu/10794/7/3188699.pdf (last accessed April 08, 2023)
concept of personal liberty8. They emphasized this privacy as a result of growing intrusion into

personal privacy by the press and emerging technologies of the time, such as photography and

sensational journalism. Since then, the right to privacy has grown in popularity and recognition,

and has evolved into a basic human right in Western societies.9

The right to privacy is thus elaborated as the right to control one’s personal information,

to be free from surveillance or intrusion, and to be protected from discrimination based on

personal characteristics. This right is essential for protecting individual autonomy, dignity, and

personal relationships.10 The concept of privacy of information has also been influenced by the

rise of technological advancements. The use of CCTV cameras, facial recognition software, and

other forms of surveillance has raised concerns about the erosion of privacy in public spaces. In

response, some countries have introduced laws to regulate the use of these technologies while

recognizing the privacy of information as a matter of right.11

Privacy in present era is considered a fundamental right by many countries and

international organizations. The idea of privacy as a fundamental human right has also evolved

over time, reflecting changes in society and technology. However, as the concept of privacy

became more important to individuals and society after the technological advancements in

societies, it began to be recognized as a fundamental human right. The recognition of privacy as

a fundamental human right can be traced back to the Universal Declaration of Human Rights

8
Ali Alibeigi, Abu Bakar Munir & MD Ershadul Karim, Right to Privacy, a Complicated Concept to Review,
Library Philosphy and Practice, 2841, 2019, https://digitalcommons.unl.edu/cgi/viewcontent.cgi?
article=6272&context=libphilprac (last accessed May 22, 2023)
9
Adrienn Lukacs, What Is Privacy? The History And Definition Of Privacy, UNIVERSITY OF SZEGED,
https://publicatio.bibl.u-szeged.hu/10794/7/3188699.pdf (last accessed April 08, 2023)
10
Right to Privacy, CORNELL LAW SCHOOL, https://www.law.cornell.edu/wex/right_to_privacy (last
accessed April 09, 2023)
11
Surveillance technologies, https://www.privacyinternational.org/learning-resources/what-are-
surveillancetechnologies (last accessed May 22, 2023)
(hereinafter UDHR) adopted by the United Nations General Assembly in 1948. UDHR has

recognized the right to privacy and has explicitly stated it highlighting the principle of non-

interferences and non-intrusion. It states that absolutely no one shall be subjected to arbitrary

interference with his privacy, family, home or correspondence, nor to attacks upon his honor and

reputation. Thus, everyone has the right to the protection of the law against such interference or

attacks.”12

The right to privacy has been further developed in subsequent international human rights

instruments, such as the International Covenant on Civil and Political Rights (ICCPR) and the

European Convention on Human Rights (ECHR). These treaties establish privacy as a

fundamental right and outline specific protections against interference with an individual’s

privacy, such as surveillance and data collection13. In recent years, privacy concerns have been

amplified by advancements in technology and Chief Justice Earl Warren emphasized that

fantastic advances in the field of electronic communication are a danger to the privacy of the

individual. 14
Thus, the efforts to protect a privacy of information, enactments have been made

around the globe protecting the right to privacy of information.

In the digital age, the right to privacy has become even more critical as people’s personal

information is collected, stored, and shared by various companies and governmental

organizations. This increased requirement of personal information thus required national efforts

to coupe up with the privacy concerns arising out of necessity to share personal data due to

technological developments. With the world wide collection and sharing of personal data United

States introduced the Privacy Act of 1974 which was enacted to regulate the use of personal data

12
UNIVERSAL DECLARATION OF HUMAN RIGHTS, A 12 https://www.un.org/en/universal-declaration-human-rights/
13
International Covenant on Civil and Political Rights,
https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
14
Wade L. Robison, Digital Privacy: Leibniz 2.0, THE ORBIT JOURNAL, 1(2), 1-9, 2017
by federal agencies15, while the Fair Credit Reporting Act of 1970 regulated the use of credit

reports by businesses.16

Along with the developments in American States the European Union, had introduced the

General Data Protection Regulation (GDPR) which was enacted in 2018 to protect individual’s

personal data and provide them with greater control over how their data is used. The GDPR is

seen as a landmark in the evolution of privacy of information, as it places a greater emphasis on

individual control and consent, and imposes significant penalties on organizations that violate its

provisions17.

This evolution of privacy of information into data protection can be attributed to several

factors, including technological advancements, growing concerns about data privacy, and the

need for legal and regulatory frameworks to address these concerns. Here’s how privacy of

information evolved into data protection

 Technological Advancements:

The rapid development of information technology, digital communication, and data processing

capabilities brought about new challenges to privacy. The proliferation of databases,

interconnected systems, and the internet made it easier to collect, store, and share vast amounts

of personal data, raising concerns about the potential misuse or unauthorized access to such data.

 Recognition of Privacy as a Fundamental Right

15
Privacy Act of 1974. (n.d.). Retrieved from https://www.justice.gov/opcl/privacy-act-1974
16
Fair Credit Reporting Act. (n.d.). Retrieved from https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-act
17
Solove, D. J. Understanding Privacy, HARVARD UNIVERSITY PRESS (2008).
Privacy of information gained recognition as a fundamental right, both at the national and

international levels. Courts, legal scholars, and international human rights instruments

recognized the importance of protecting individuals' privacy, including the control over their

personal information.

 Privacy Laws and Regulations

In response to the need for legal protections, privacy laws and regulations were developed to

safeguard individuals' privacy rights and address the challenges posed by advancing

technologies. These laws aimed to regulate the collection, processing, and sharing of personal

data, emphasizing individuals' rights and establishing obligations for organizations handling such

data.

 Shift towards Data Protection

Over time, the focus on privacy of information expanded to encompass the broader concept of

data protection. Data protection involves not only the protection of privacy but also the security,

accuracy, and lawful processing of personal data. It encompasses measures and practices to

ensure that personal data is handled responsibly, with due consideration for individuals' rights

and interests.

 Rise of Data Protection Principles:

Data protection frameworks and regulations introduced key principles to guide the responsible

handling of personal data. These principles include data minimization, purpose limitation, data

accuracy, security safeguards, individual rights (such as consent and access), and accountability

of data controllers and processors.

  The European Union's Influence:

The European Union (EU) played a significant role in shaping data protection with the adoption

of the Data Protection Directive in 1995 and, more recently, the General Data Protection

Regulation (GDPR) in 2016. The GDPR has had a global impact, as it establishes comprehensive

data protection rules and sets high standards for the handling of personal data.

Through these developments, privacy of information gradually evolved into the concept

of data protection, reflecting the need for comprehensive frameworks and practices to address the

complex and interconnected nature of personal data handling in the digital age.

Hence, the major purpose of this evolution was the Protection of personal data which

includes the right to control the collection, use, and dissemination of one’s personal information

and respect for confidentiality which included the right to keep confidential information private,

such as medical records, financial information, and legal advice. 18 Therefore, protecting the right

to privacy is crucial for ensuring that people can live freely and securely. As Billy Graham said

“Once you’ve lost your privacy, you realize you’ve lost an extremely valuable thing19.

The legal right to privacy in Pakistan is protected under Article 14(1) of the Constitution of

Pakistan. The article provides for the protection of the “dignity of man” and states that “Every

citizen shall have the right to the privacy of his home, property, and communication”.19

In Pakistan, the protection of personal data is recognized under the Pakistan Electronic

18
Zhivka Mateeva, Principles of personal data protection, Research Gate, April 2020,
https://www.researchgate.net/publication/342527554_Principles_of_personal_data_protection (last accessed April
09, 2023)
19
Billy Graham, Brainy Quotes, https://www.brainyquote.com/quotes/billy_graham_446542 (last accessed April 09,
2023)
Transactions Ordinance, 2002, which defines personal data as “any information relating to a

natural person who can be identified, directly or indirectly, by reference to an identification

number or to one or more factors specific to his physical, physiological, mental, economic,

cultural or social identity.” However, the definition of Personal data is no complete in the Acts

concerning digital world i.e. Prevention of Electronic Crime Acts (herein After PECA).

CONCLUSION

In conclusion, personal data is any information that can be used to identify an individual, and its

protection is essential to safeguarding an individual's privacy and ensuring that their rights are

respected. The legal framework for the protection of personal data in Pakistan is evolving, with

the introduction of the Personal Data Protection Bill, 2020, and it is important to continue to

monitor developments in this area.