Nov 28, 2007

Right to Privacy: U.S. v. Korea

Brendon Carr has mentioned on his blog that:

"The Korean Constitution recognizes a right to privacy. The US Constitution does not—we come from the proverbial “open society”. While both countries subscribe to the idea that the courts do the people’s business', Korea is much more conservative about balancing the people’s ownership of the judiciary against the individual’s right to privacy."

The U.S. does "recognize the right to privacy." Roe v. Wade is the most noteworthy case concerning the "right to privacy."

The issue is not simply that the U.S. doesn't have a right to privacy. The U.S. does. Also, Korea does not have an "absolute" right to privacy - A "Megan Law" was held constitutional by the Constitutional Court.

The issue is fundamentally the balancing of the right, the conception of state action, and the heightened level of protection offered through law, not the constitution, for the protection of privacy.

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SeanHayes@ipglegal.com