Ethics Assignment - Privacy

 

I believe privacy is a legal right set forth in the Bill of Rights.  The 1st Amendment protects the privacy of our beliefs, the 3rd Amendment protects the privacy of our homes from government occupation, the 4th Amendment protects the privacy of our body and possessions from unlawful search, and the 5th Amendment protects the privacy of our personal information by protecting against self-incrimination.  Additionally, the 9th Amendment states the "enumeration of certain right shall not be construed to deny or disparage other rights retained by the people." Lastly, the Supreme Court has interpreted the 14th Amendment "to guarantee a privacy that has come to encompass decisions about child rearing, procreation, marriage, and termination of medical treatment"

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html

In light of the 14^th Amendment and the Supreme Court’s interpretation, I agree with Anita Allen in that one is justified to infringe on another’s privacy to protect oneself, a minor, or an adult who may be mentally impaired or physically in danger.  Allen states “Children typically lack the understanding needed to protect their own long-term interests. They can be illogical and poorly informed. They commonly give priority to short-term desires and peer approval. They lack judgment. They are easily victimized”. I agree and feel it is incumbent on parents to periodically monitor children’s activities given that they are subjected to so many damaging influences such as drugs and bullying.  Allen’s reference to the tragedy at Columbine is a poignant example of this.  I also believe when an adult is mentally impaired or in physical danger, they too can lack judgement, be illogical and poorly informed. Therefore, I feel it is justified to infringe on someone’s privacy under those circumstances as well. 

Recently I made the decision to use social engineering to infringe on another’s privacy but I believe my actions were justified.  A few weeks ago, I came home late one night to find a note on my front door from the local police department with instructions for my boyfriend to call a hospital out of state regarding his father who was brought in with an altered mental status.  My boyfriend was at work and I did not want to give him that scary message over the phone.  His father was in perfect health with no history of dementia or other illnesses so this was shocking news.  Since his father was out of state and we were hours away from a blizzard, I decided to call the hospital.  I said I was his daughter and they proceeded to explain what happened and what tests and treatment they were doing.  I feel I was justified in violating his father’s privacy because of the circumstances of his medical condition at the time.  Additionally, based on my experiences with the healthcare system, I believe it is necessary to advocate for oneself as often people do not get the level of care they need or deserve.  My boyfriend and his family did not know how to navigate the hospital system so we continued the ruse of my family status so I could assist in making sure his father got the attention he needed to resolve his medical issues.  I am happy to report he is now home and getting visiting nursing care, which my boyfriend’s family would not have known was a benefit he was entitled to, had I not made the request.