Can privacy be diminished by falsehoods?

Abstract It is widely presumed that privacy is ‘factive’, i.e. that it cannot be diminished by accessing or disseminating falsehoods. But if this is so, what wrongs are committed in cases where others access documents of ours (letters, medical records, etc.) which contain false information? In this article, I examine various ways of explaining the wrongfulness of accessing and dissemination falsehoods (defamation; that privacy can be violated without being diminished; ‘control’ accounts of privacy; downstream revelations of truths; that falsehoods diminish ‘propositional’ or ‘attentional’ privacy). I lay out what each of these accounts misses about accessing falsehoods, about privacy, and/or about the right to privacy. I then propose two alternative ways of accounting for the intuitive wrongfulness of accessing and disseminating falsehoods: viewing them as merely ‘attempted’ privacy violations and weakening the truth condition of privacy diminishments.

Authors

Institutions

Publication Details

Journal
Episteme
Published
2025-02-26
DOI
https://doi.org/10.1017/epi.2025.13
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Can privacy be diminished by falsehoods?

Alice Schneider
Episteme
Law in Society and Culture
article

Can privacy be diminished by falsehoods?

Alice Schneider
article en

Abstract

Abstract It is widely presumed that privacy is ‘factive’, i.e. that it cannot be diminished by accessing or disseminating falsehoods. But if this is so, what wrongs are committed in cases where others access documents of ours (letters, medical records, etc.) which contain false information? In this article, I examine various ways of explaining the wrongfulness of accessing and dissemination falsehoods (defamation; that privacy can be violated without being diminished; ‘control’ accounts of privacy; downstream revelations of truths; that falsehoods diminish ‘propositional’ or ‘attentional’ privacy). I lay out what each of these accounts misses about accessing falsehoods, about privacy, and/or about the right to privacy. I then propose two alternative ways of accounting for the intuitive wrongfulness of accessing and disseminating falsehoods: viewing them as merely ‘attempted’ privacy violations and weakening the truth condition of privacy diminishments.

Episteme
Stanford University (US)
Openalex Percentile: Top 95%
Law in Society and Culture
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.