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Unpublished Paper
BALANCING FREE SPEECH AND PRIVACY INTERESTS IN THE PUBLIC MEDIA DISCLOSURE OF PERSONAL MEDICAL INFORMATION (A Comparative Analysis of laws of the United States and those of the United Kingdom under the European Convention on Human Rights)
ExpressO (2009)
  • Susan Zeller Dunn
Abstract

This article examines one of the areas where privacy rights and free speech come into conflict -- media disclosure of personal medical information. It includes a summary of the significant changes in privacy law addressed in the United States, United Kingdom and within the European Court of Human Rights which impact the free speech/medical privacy debate. Further, it presents the premise that while current laws favor the public disclosure of certain types of health/medical problems (I.E. AIDS/HIV, mental illness, and substance abuse), as “a legitimate public concern,” the overall interests of the community are best served by vigilantly protecting the individual privacy rights of all patients.

Keywords
  • free speech,
  • privacy,
  • medical,
  • European Convention on Human Rights,
  • Intrusion Upon Seclusion
Disciplines
Publication Date
March 2, 2009
Citation Information
Susan Zeller Dunn. "BALANCING FREE SPEECH AND PRIVACY INTERESTS IN THE PUBLIC MEDIA DISCLOSURE OF PERSONAL MEDICAL INFORMATION (A Comparative Analysis of laws of the United States and those of the United Kingdom under the European Convention on Human Rights)" ExpressO (2009)
Available at: http://works.bepress.com/susan_dunn/1/