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38 U. Pa. J. Int'l L. 483 (2016-2017)
A Typology of Privacy

handle is hein.journals/upjiel38 and id is 489 raw text is: A TYPOLOGY OF PRIVACY BERT-JAAP KooPs, BRYCE CLAYTON NEWELL, TJERK TIMAN, IVAN SKORVANEK, TOMISLAV CHOKREVSKI, AND MA A GALIC ABSTRACT Despite the difficulty of capturing the nature and boundaries of privacy, it is important to conceptualize it. Some scholars develop unitary theories of privacy in the form of a unified conceptual core; others offer classifications of privacy that make meaningful distinc- tions between different types of privacy. We argue that the latter approach is underdeveloped and in need of improvement. In this Article, we propose a typology of privacy that is more systematic and comprehensive than any existing model. We developed our typology by, first, conducting a systematic analysis of constitutional protections of privacy in nine jurisdic- tions: the United States, Canada, the United Kingdom, the Nether- lands, Germany, Italy, the Czech Republic, Poland, and Slovenia. This analysis yields a broad overview of the types of privacy that constitutional law seeks to protect. Second, we studied literature * Respectively, Professor of Regulation and Technology, Post-Doctoral Re- searcher, Post-Doctoral Researcher, PhD researcher, PhD researcher, and PhD re- searcher at the Tilburg Institute for Law, Technology, and Society (TILT), Tilburg University, the Netherlands. The authors especially want to thank Sandra Petronio for her thoughtful comments during the October 2015 Privacy Law Scholars Conference (PLSC) in Amsterdam and the many participants at PLSC for providing helpful suggestions for improvement, including Colin J. Bennett, Julie E. Cohen, Lillian Edwards, Michael Froomkin, Chris Hoofnagle, Charles D. Raab, and Beate Roessler (among others). We are also grateful to Roger Clarke, Paul De Hert, and colleagues at TILT for their valuable suggestions on an earlier version. We thank Vivian Magno for research assistance. The research for this Article was made possible by a grant from the Netherlands Organisation for Scientific Re- search (NWO), project number 453-14-004.

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