The right to be let alone by oneself: narrative and identity in a data-driven environment

Abstract

ABSTRACT Privacy is predominantly understood as the right to be let alone by others. It protects an individual against intrusions upon the private sphere by governments, companies and fellow citizens and focusses on the right to withhold from them access to one's data, body or home. In the data-driven environment, the fact that others may have access to personal information will only be one concern; equally importantly, a person will be confronted with unwanted information about herself. Being frequently confronted with information about one's past, present and future fundamentally challenges an individual's capacity to form and maintain an identity, which depends on her ability to select and prioritise information about herself. This article suggests that the current privacy paradigm could be ameliorated by treating privacy not only as the right to be let alone by others, but in addition, as the right to be let alone by oneself. But before such a right could be introduced, a number of difficult questions need to be answered, such as the scope of the right, its legal-philosophical underpinnings and its relationship vis-à-vis countervailing interests.