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2 The Right to Privacy See Rediscovering Brandeis s Right to Privacy

3 supra Griswold v. Connecticut Roe v. Wade Lawrence v. Texas Katz v. United States Whalen v. Roe Bartnicki v. VopperSee id id

4 See Privacy See See

7 Privacy, Intimacy, and Personhood, in SeePrivacy and Democracy in Cyberspace See Privacy and Participation: Personal Information and Public Sector Regulation in the United States Olmstead v. Untied States

8 Surveillance, Dataveillance, and Human Freedom See e.g Internet Surveillance Law After the USA PATRIOT Act: The Big Brother That Isn t See The Failure of American Privacy Law, in

10 SeeCommission decisions on the adequacy of the protection of personal data in third countries

11 See Opinion 3/2001 on the level of protection of the Australian Privacy Amendment Private Sector Act 2000 SeeFor Your Information: Australian Privacy Law and Practice See See

12 See See Opinion 10/2006 on the processing of personal data by the Society for Worldwide Interbank Financial Telecommunication

13 Press Releases: Press Release of the Article 29 Working Party on Swift Case

14 Id See supra

15 European Parliament v. Council of the European Union

16 Final Report by the EU-U.S. High Level Contact Group on Information Sharing and Privacy and Personal Data Protection

17 Framework for Analysis of Cross-Border Discovery Confl icts

18 See Working Party, Working Document 1/ 2009 on pre-trial discovery for cross border civil litigation See supra

19 See generallypreemption and Privacy See Globalization and Social Protection: The Impact of EU and International Rules in the Ratcheting Up of U.S. Privacy Standards Commission Decision pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the safe harbor privacy principles and related frequently asked questions issued by the US Department of Commerce

20 E-Commerce and Trans-Atlantic Privacy See The implementation of Commission Decision 520/2000/EC on the adequate protection personal data provided by the Safe Harbour privacy Principles and related Frequently Asked Questions issued by the US Department of Commerce, See Commission Decision on standard contractual clauses for the transfer of personal data to processors established in third countries, under Directive 95/46/EC supra

21 The Two Western Cultures of Privacy: Dignity Versus Liberty Id Id Id

22 See Foreword: Fashioning the Legal Constitution: Culture, Courts, and Law supra SeeEnforcing Civility and Respect: Three Societies

23 See European Versus American Liberty: A Comparative Privacy Analysis of Antiterrorism Data Mining

24 supra Id Id Id

26 See Roe See e.g See also The Constitutional Law of Abortion in Germany: Should Americans Pay Attention?

27 See The Right to Privacy in French Law, in See Protecting Private Facts in France: The Warren & Brandeis Tort Is Alive and Well and Flourishing in Paris See See The Concept of Human Dignity in Europe and U.S. Constitutionalism See The Protection of Privacy in Italian Law, in

28 See supra

29 See European and U.S. Constitutionalism: Comparing Essential Elements, in Setting Standards for Fair Information Practice in the U.S. Private Sector See e.g. Cyberspace and the State Action Doctrine Debate: The Cultural Value of Applying Constitutional Norms to Private Regulation See supra

30 See The Right to Privacy and the Right to Be Treated as an Object See e.g., Moose Lodge No.107 v. IrvisColumbia Broadcasting System v. Democratic National Committee DeShaney v. Winnebago County Dept. of Social Services

31 Griswold SeeThe Myth and the Reality of American Constitutional Exceptionalism supra Whitney v. California See e.g., Cox v. Broadcasting Corp. v. Cohn Smith v. Mail Publishing Co.Florida Star v. B.J.F. Freedom of Speech and Information Privacy: The Troubling Implications of a Right to Stop People from Speaking About You

32 Id See e.g. Information Privacy in Cyberspace Transaction See e.g. Balancing the Rights of Privacy and the Press Free Speech vs. Information Privacy: Eugne Volkh s First Amendment Jurisprudence Reconciling Data Privacy and the First Amendment The Exceptional First Amendment, in

33 The Changing Face of Privacy Protection in the European Union and the United States SeePrivacy s Other Path: Recovering the Law of Confidentiality See German and U.S. Telecommunications Privacy Law: Legal Regulation of Domestic Law Enforcement Surveillance Structuring Intimacy: Some Refl ections on the Fact That the Law Generally Does Not Protect Us Against Unwanted Gaze

34 supra See Horizontal Effect of Fundamental Rights, Privacy and Social Justice, in Id Id See generally See supra

35 supra Lawrence v. Texas Dudgeon v. United Kingdom See Lawrence See Lawrence See e.g. The Fundamental Right That Dares Not Speak Its Name Foreword: Loving

36 The Right of Privacy Human Dignity, Privacy, and Personality in German and American Constitutional Law See supra See e.g. Privacy as an Aspect of Human Dignity: An Answer to Dean ProsserExamined Lives: Informational Privacy and the Subject as Object supra The Core Business of Privacy Law: Protecting Autonomy, in

37 supra Legal Constitutionalism in the U.S. Constitutional Law of Privacy supra

IT Information Technology Information and Communication Technology E mail IT -84-

Protection of personal information and privacy Shinako MATSUI* * 17 19 * -83- IT Information Technology Information and Communication Technology E mail 18 15 17 IT -84- -85- 1980 OECD Guidelines on the