Architecture and the
Protection of Privacy
Although information privacy law has taken some important steps to protect privacy, it has thus far suffered numerous failures and difficulties in addressing the privacy problems we are currently facing with digital dossiers. Why has such a diverse body of law failed to be effective? In a world constantly being transformed by technology, how can we erect a robust and effective law of privacy when the ground is constantly shifting?
The Invasion Conception. The question of how to protect privacy was of paramount importance to Samuel Warren and Louis Brandeis in???? when they wrote their profoundly influential article, The Right to Pri- vacy. The primary remedy for privacy invasions, they suggested, should be a tort action for damages, and to a limited extent, injunctions and criminal penalties.1
Warren and Brandeis's conception of privacy problems has been highly influential in the development of privacy law, and I will refer to