Privacy as Autonomy and Privacy as Trust

Abstract

In the Right to Control over Personal Information, which based on the theory of personal autonomy for the fundamental right under the Constitution, personal information are classified into two groups, Proper Privacy Information and Extended Privacy Information.

Regarding the control over personal information in public law, recent justifications for the control over Extended Privacy Information are based on the proper constraint on governmental power, which are distinct from the right to personal autonomy.

Even in the control over personal information in private law, it has been pointed out that self-determination of control is not a final purpose but a means to prevent invasions of privacy. The concept of “Privacy as Trust” can justify the control over the Extended Privacy Information, which has been outside the scope of the Right to Control over Personal Information.

This paper does not deny the concept of "Privacy as Autonomy" for the protection against invasion of intimate relationships as the core of privacy. Rather, in order to prevent the violation of the Autonomy, the Trust should be protected appropriately.