The Dichotomy Between Private and Public Spaces has Lost its Relevance as an Arbiter of Legitimate Expectations of Privacy.

There has been a traditional distinction in both philosophical and legal discussion between the different expectations of privacy that apply in public spaces and private spaces. This dissertation argues that this dichotomy has always been more ambiguous than commonly presumed and has become even less relevant as technology impacts privacy in both spheres. Privacy is much more than the difference between simple observation of an individual in a public space and that person being hidden from view in a private space. Privacy primarily involves one having control over one’s personal data, where the term “data” is used in the most general sense to include information about one’s image, physical presence, identity and actions. Through philosophical and legal literature analysis and a combination of hypothetical and real-world examples I demonstrate that infringements of privacy arise not only from observation itself but also from how the information gained is processed, stored, accumulated, disseminated and used. Technology itself is blurring the boundaries between public and private space. Formerly private space becomes less private as we introduce information technology into our homes. At the same time, CCTV and facial recognition systems diminish privacy in public spaces. Technologies, such as mobile phones, track our movements and activities whether they occur in our homes, our offices, on the street or in a public park. While consent practises appear to give the individual control over what data about them is collected and how it is used, the protection this provides is largely illusory given the asymmetry of power and knowledge in the consent process. I conclude that effective philosophical and legal debate regarding privacy protection requires moving beyond consideration of spatial boundaries.

Name dc:type.qualificationname

ma

Level dc:type.qualificationlevel

masters

Grantor dc:publisher.institution

University of Wales Trinity Saint David

Year dc:date.issued

2026

Author dc:creator

• Linney, Derek

• B Athroniaeth (Cyffredinol)

Dc Identifier Grantnumber

UWTSD

OAI identifier oai:identifier

oai:repository.uwtsd.ac.uk:4320