n.the quality or state of being free from public scrutinyBehrnd-Klodt 2008, 106Privacy means the exclusiveness of space around an individual, “the right of an individual to be let alone,” freedom to make decisions without government interference, or the expectation that certain personal information will not be disclosed to outsiders.the quality or state of having one’s personal information or activities protected from unauthorized disclosure by anotherHodson 2004, 196Conventional wisdom suggests that the right of privacy ends at death, sincethe dead obviously can no longer be embarrassed by the revelation of personalinformation. A corollary to this standard tenet acknowledges that modernarchives that include the papers of living people do hold the potential for embar-rassing those individuals. Even when the creator of a manuscript collection is nolonger living, some or even all of his or her correspondents might still be aliveand therefore still possess a right of privacy. In fact, the privacy of so-called thirdparties who may be represented in a collection can be the most worrisome anddifficult to address. These third parties had no voice in deciding the fate of thepapers, and are unlikely to have been consulted about any potential sensitivity inthe collection.Yaco 2010, 640Two categories of laws relate to archival collections: those that protect individuals’ privacy by restricting access to records, and those that protect the public’s right to know by expanding access.
Notes
Under tort law, invasion of privacy includes theft of one’s identity, intentionally disturbing one’s solitude, disclosing nonpublic information about another, and placing another in a false public light. In some states, publicity rights are covered under privacy laws.
