Privacy Harms

There are seven types of privacy harms, each significantly affecting the present or future well-being of an individual, entity or society.

Physical harms

Physical harms are the type of harms that results in bodily injury or death. In Kline vs. 1500 Massachusetts Avenue Apartment Corp., an individual was attacked and robbed in the hallway outside of their apartment complex. The apartment complex was found guilty because the landlord left the building unguarded after previous tenants had been assaulted and robbed in the common areas.

Economic harms

Economic harms are the type of harms that results in monetary losses or a loss in the value of something. In a North Carolina case a woman was found guilty of identity theft after she illegally accessed Department of Motor Vehicles records and posed as the victims to open a credit card and spend over four thousand dollars.

Reputational harms

Reputational harms are the type of harm that results in damages to someone’s reputation and/or standing in their community. This harm hinders the ability of a person to maintain “personal esteem in the eyes of others” and can ruin a person’s image. In Perkins vs. LinkedIn, the court ruled that the social networking site engaged in misleading commercial speech after they downloaded users’ email contacts, asking them to connect to others on their site, without users’ permission. Users sued LinkedIn on the basis of reputational harm because their contacts might have thought they sent the repeated invitations.

Psychological harms

Psychological harms are the type of harm that results in a variety of negative mental responsesthat disrupt tranquility and peace of mind. In Van Patten vs. Vertical Fitness Group, the court ruled that unsolicited telemarketing texts or calls invade the privacy and disturb solitude of recipients.

Autonomy harms

Autonomy harms are the type of harm that results in restricting, undermining, inhibiting, or wrongfully influencing people’s freedom to make decisions. This can include coercion, manipulation, failing to inform, blocking expectations, lacking control, and chilling effects. The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule prohibits health care entities from providing care to patients based on whether or not the patient agrees to provide data for marketing or other purposes.

Discrimination harms

Discrimination harms are the type of harm that results in disadvantages and/or inequalities based on gender, race, national origin, sexual orientation, age, group membership, or other characteristics. The Genetic Information Nondiscrimination Act (GINA) prohibits employers from requesting, requiring, or obtaining genetic information from hiring prospects or employees. Employers, insurance companies, and landlords having access to personal information that may influence their decisions and result in unjust discrimination.

Relationships harms

Relationships harms are the type of harm that results in damage to relationships important to one’s health, well-being, life activities, and functioning in society. In breach of confidentiality cases, courts recognize fiduciary relationships as part of the law of trusts because the trustee is in a position of special trust and owes special duties to the beneficiary. This law acts as a safeguard to relationship harms.  An example might be the mishandling of a patient’s health information by a therapist.