Law Commons^™

Identity Theft, Privacy, And The Architecture Of Vulnerability, Daniel J. Solove

GW Law Faculty Publications & Other Works

This Article contrasts two models for understanding and protecting against privacy violations. Traditionally, privacy violations have been understood as invasive actions by particular wrongdoers who cause direct injury to victims. Victims experience embarrassment, mental distress, or harm to their reputations. Privacy is not infringed until these mental injuries materialize. Thus, the law responds when a person's deepest secrets are exposed, reputation is tarnished, or home is invaded. Under the traditional view, privacy is an individual right, remedied at the initiative of the individual.

In this Article, Professor Solove contends the traditional model does not adequately account for many of the …